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Docket for 00-9285
No. 00-9285 Status: DECIDED
Title: Walter Mickens, Jr., Petitioner
v.
John Taylor, Warden
Docketed:          Lower Ct: United States Court of Appeals for the Fourth Circuit
April 5, 2001 (00-4)

~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Apr 5 2001Application (A00-874) for a stay of execution, submitted to The Chief
Justice.
Apr 5 2001Petition for writ of certiorari and motion for leave to proceed in
forma pauperis filed. (Response due May 5, 2001)
Apr 11 2001Brief of respondent in opposition filed.
Apr 16 2001 Application (A00-874) referred to the Court by the Chief Justice.
Apr 16 2001 Application (A00-874) granted by the Court.
Apr 16 2001 Petition GRANTED.
SET FOR ARGUMENT November 5, 2001.
********************************************************
Apr 16 2001 The petition for a writ of certiorari is granted limited to the
following question: Did the Court of Appeals err in holding that a
defendant must show an actual conflict of interest and an adverse
effect in order to establish a Sixth Amendment violaton where a
trial court fails to inquire into a potential conflict of interest
about which it reasonably should have known?
May 2 2001 Order extending time to file petitioner's and respondent's briefs
on the merits. The time for filing petitioner's brief on the
merits has been extended to and including July 19, 2001. The for
filing respondent's brief on the merits has been extended to and
including September 4, 2001.
May 29 2001 Motion of petitioner for appointment of counsel filed.
Jun 18 2001 Motion DISTRIBUTED. June 21, 2001 (page 20)
Jun 25 2001 Motion for appointment of counsel GRANTED and it is ordered that
Robert J. Wagner, Esquire, of Richmond, Virginia, is appointed to
serve as counsel for the petitioner in this case.
Jul 13 2001Joint appendix filed.
Jul 13 2001Brief of petitioner Walter Mickens, Jr. filed.
Jul 19 2001 Motion of Legal Ethicists, et al. for leave to file a brief as
amici curiae filed.
Aug 15 2001 LODGING consisting of 20 bound copies of related joint appendix
material submitted by counsel for the parties.
Aug 16 2001 CIRCULATED.
Aug 22 2001 Record filed.
Aug 24 2001 Record filed.
Aug 31 2001Brief amicus curiae of Criminal Justice Legal Foundation filed.
Sep 4 2001Brief amicus curiae of United States filed.
Sep 4 2001Brief of respondent John B. Taylor, Warden filed.
Sep 4 2001 Motion of the Solicitor General for leave to participate in oral
argument as amicus curiae and for divided argument filed.
Sep 17 2001Reply brief of petitioner Walter Mickens, Jr. filed.
Sep 24 2001 Motion of Legal Ethicists, et al. for leave to file a brief as
amici curiae DISTRIBUTED.
Sep 24 2001 Motion of Solicitor General for leave to participate in oral
argument as amicus curiae and for divided argumentDISTRIBUTED.
Oct 1 2001 Motion of Legal Ethicists, et al. for leave to file a brief as
amici curiae GRANTED.
Oct 1 2001 Motion of the Solicitor General for leave to participate in oral
argument as amicus curiae and for divided argument GRANTED.
Nov 5 2001 ARGUED.
Mar 27 2002 Adjudged to be AFFIRMED. J. Scalia, delivered the opinion of the
Court, in which C.J. Rehnquist, and J. O'Connor, J. Kennedy, and
J. Thomas, joined. J. Kennedy, filed a concurring opinion, in
which J. O'Connor, joined. J. Stevens filed a dissenting opinion.
J. Souter, filed a dissenting opinion. J. Breyer, filed a
dissenting opinion, in which J. Ginsburg, joined.
Apr 11 2002Petition for rehearing filed.
Apr 23 2002 DISTRIBUTED for Conference of May 9, 2002
May 3 2002
Record returned to the USDC of Richmond Virgina.
May 3 2002 Record returned to the USCA for the Fourth Circuit.
May 13 2002 Rehearing DENIED.
May 13 2002 JUDGMENT ISSUED.
 


~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Robert Lee VA Capital Resource Center 8048172970
2421 Ivy Road, Suite 301
Charlottesville, VA 22903
 
Robert Wagner Wagner & Wagner 8043430800
830 East Main St., Suite 1100
Richmond, VA 23219
 
Attorneys for Respondent:
Robert Harris Assistant Attorney General
900 East Main Street
Richmond, VA 23219
 
Other Attorneys:
Lawrence J. Fox One Logan Square 2159882700
18th and Cherry Streets
Philadelphia, PA 19103-6993
Party name: Legal Ethicists, et al.
 
Kent S. Scheidegger 2131 L St. 9164460345
Sacramento, CA 95816
Party name: Criminal Justice Legal Foundation
 
Solicitor General U.S. Department of Justice
Washington, DC 20530
Party name: United States
 
 

 

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