No. 09-9000     *** CAPITAL CASE ***  
Title:
Henry W. Skinner, Petitioner
v.
Lynn Switzer, District Attorney for the 31st Judicial District of Texas
Docketed:February 12, 2010
Linked with 09A743
Lower Ct:United States Court of Appeals for the Fifth Circuit
  Case Nos.:(10-70002)
  Decision Date:January 28, 2010
Discretionary Court  
  Decision Date:January 20, 2010
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Feb 12 2010 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2010)
Feb 12 2010 Application (09A743) for a stay of execution of sentence of death, submitted to Justice Scalia.
Mar 15 2010 Brief of respondent Lynn Switzer, District Attorney for the 31st Judicial District of Texas in opposition filed.
Mar 19 2010 Reply of petitioner Henry W. Skinner filed.
Mar 23 2010 Response to application from respondent Lynn Switzer, District Attorney for the 31st Judicial District of Texas filed.
Mar 24 2010 Reply of applicant Henry W. Skinner filed.
Mar 24 2010 Application (09A743) referred to the Court.
Mar 24 2010 Application (09A743) granted by the Court. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Apr 1 2010 DISTRIBUTED for Conference of April 16, 2010.
Apr 19 2010 DISTRIBUTED for Conference of April 23, 2010.
Apr 26 2010 DISTRIBUTED for Conference of April 30, 2010.
May 10 2010 DISTRIBUTED for Conference of May 13, 2010.
May 17 2010 DISTRIBUTED for Conference of May 20, 2010.
May 24 2010 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 4 2010 Motion to appoint counsel filed by petitioner Henry W. Skinner. (CL Page 163)
Jun 23 2010 Motion DISTRIBUTED for Conference of September 27, 2010.
Jun 23 2010 DISTRIBUTED for Conference of September 27, 2010.
Jun 23 2010 The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including July 22, 2010.
Jun 23 2010 The time within which to file respondent's brief on the merits is extended to and including September 9, 2010.
Jun 23 2010 Counsel for petitioner agrees to file any reply brief on the merits on or before September 27, 2010.
Jul 20 2010 SET FOR ARGUMENT ON Wednesday, October 13, 2010.
Jul 22 2010 Brief of petitioner Henry W. Skinner filed.
Jul 22 2010 Joint appendix filed. (Statement of costs filed)
Jul 29 2010 CIRCULATED.
Aug 17 2010 Record received from U.S.C.A. for 5th Circuit. (1 envelope)
Aug 23 2010 Record received from U.S.D.C. for Northern District of Texas.
Sep 2 2010 Letter from counsel for respondent regarding proposed lodging. (Distribured).
Sep 7 2010 Letter from counsel for petitioner opposing proposed lodging. (Distributed).
Sep 8 2010 Letter from counsel for respondent in reply to opposition to proposed lodging. (Distributed).
Sep 9 2010 Brief of respondent Lynn Switzer, District Attorney for the 31st Judicial District of Texas filed. (Distributed)
Sep 16 2010 Brief amicus curiae of National Crime Victim Law Institute filed. (Distributed)
Sep 16 2010 Brief amici curiae of Tarrant County Criminal District Attorney, et al. filed. (Distributed)
Sep 16 2010 Brief amici curiae of Alaska, et al. filed. (Distributed).
Sep 16 2010 Brief amicus curiae of National District Attorneys Association filed. (Distributed)
Sep 27 2010 Reply of petitioner Henry W. Skinner filed. (Distributed)
Sep 28 2010 Motion to appoint counsel filed by petitioner GRANTED. Robert C. Owen, Esquire, of Austin, Texas, is appointed to serve as counsel for the petitioner in this case.
Oct 13 2010 Argued. For petitioner: Robert C. Owen, Austin, Tex. (Appointed by this Court.) For respondent: Gregory S. Coleman, Austin, Tex.
Mar 7 2011 Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy and Alito, JJ. joined.
Apr 8 2011 JUDGMENT ISSUED
Jun 6 2011 Record returned to U.S.C.A. for 5th Circuit.
Jun 6 2011 Record returned to U.S.D.C. for Northern District of Texas.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Robert C. Owen Northwestern University School of Law(312) 503-0135
    Counsel of Record375 East Chicago Avenue
Chicago, IL  60611-3059
robert.owen@law.northwestern.edu
Party name: Henry W. Skinner
Attorneys for Respondent:
Edward C. Dawson Yetter Coleman LLP(512)-533-0150
    Counsel of Record221 West 6th Street, Suite 750
Austin, TX  78701
edawson@yettercoleman.com
Party name: Lynn Switzer, District Attorney for the 31st Judicial District of Texas
 
Gregory S. Coleman Yetter Coleman LLP(512) 533-0150
221 West Sixth Street, Suite 750
Austin, TX  78701
gcoleman@yettercoleman.com
Party name: Lynn Switzer, District Attorney for the 31st Judicial District of Texas
 
Mark Douglas White 701 S. Taylor, Suite 500 (806) 468-3300
P.O. Box 15008
Amarillo, TX  79105-5008
mark.white@sprouselaw.com
Party name: Lynn Switzer, District Attorney for the 31st Judicial District of Texas
Other:
Paul G. Cassell Professor(801) 201-8271
Appellate Legal Clinic
S.J. Quinney College of Law University of Utah
332 S. 1400 E., Rm. 101
Salt Lake City, UT  84112-0730
cassellp@law.utah.edu
Party name: National Crime Victim Law Institute
 
Russell A. Friemel Assistant District Attorney(817) 884-1233
Tarrant County District Attorney's Office
401 West Belknap Street
Fort Worth, TX  79196-0201
rfriemel@tarrantcounty.com
Party name: Tarrant County Criminal District Attorney, et al.
 
Richard A. Svobodny Deputy Attorney General(907) 465-3600
State of Alaska
Department of Law
P.O. Box 110300
Juneau, AK  99811-0300
Richard.Svobodny@alaska.gov
Party name: Alaska, et al.
 
Evan A. Young Baker Botts LLP(512)-322-2506
98 San Jacinto Boulevard
Suite 1500
Austin, TX  78701-4078
evan.young@bakerbotts.com
Party name: National District Attorneys Association