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Docket for 10-9995
No. 10-9995
Title:
Patrick Wood, Petitioner
v.
Kevin Milyard, Warden, et al.
Docketed:April 13, 2011
Lower Ct:United States Court of Appeals for the Tenth Circuit
  Case Nos.:(09-1348)
  Decision Date:November 26, 2010
  Rehearing Denied:January 7, 2011
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Apr 7 2011 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2011)
Apr 14 2011 Waiver of right of respondents Kevin Milyard, Warden, et al. to respond filed.
Apr 27 2011 DISTRIBUTED for Conference of May 12, 2011.
May 9 2011 Response Requested . (Due June 8, 2011)
Jun 8 2011 Order extending time to file response to petition to and including July 8, 2011.
Jul 6 2011 Brief of respondents Kevin Milyard, Warden, et al. in opposition filed.
Jul 28 2011 DISTRIBUTED for Conference of September 26, 2011.
Sep 27 2011 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following questions: 1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. �2244(d) statute of limitations defense? 2) Does the State�s declaration before the district court that it �will not challenge, but [is] not conceding, the timeliness of Wood�s habeas petition,� amount to a deliberate waiver of any statute of limitations defense the State may have had?
Nov 4 2011 The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2011.
Nov 4 2011 The time to file respondent's brief on the merits is extended to and including January 20, 2012.
Nov 4 2011 The petitioner will file a reply brief on or before February 13, 2012.
Dec 2 2011 The time to file the joint appendix and petitioner's brief on the merits is further extended to and including December 5, 2011.
Dec 5 2011 Joint appendix filed. (Statement of costs filed)
Dec 5 2011 Brief of petitioner Patrick Wood filed.
Dec 19 2011 SET FOR ARGUMENT ON Monday, February 27, 2012.
Jan 3 2012 CIRCULATED.
Jan 3 2012 Record received from U.S.C.A. for 10th Circuit. (1 envelope)
Jan 3 2012 Record from U.S.D.C. for District of Colorado is electronic.
Jan 19 2012 The time to file respondent's brief on the merits is further extended to and including January 23, 2012.
Jan 23 2012 Brief of respondents Kevin Milyard, Warden, et al. filed. (Distributed)
Jan 30 2012 Brief amicus curiae of the United States filed. (Distributed)
Jan 30 2012 Brief amici curiae of Texas, et al. filed. (Distributed)
Jan 30 2012 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 8 2012 The petitioner will file a reply brief on or before 2 p.m., February 17, 2012.
Feb 17 2012 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 17 2012 Reply of petitioner Patrick Wood filed. (Distributed)
Feb 27 2012 Argued. For petitioner: Kathleen A. Lord, Assistant Federal Public Defender, Denver, Col. For respondents: Daniel D. Domenico, Solicitor General, Denver, Col.; and Melissa Arbus Sherry, Assitant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 24 2012 Judgment REVERSED and case REMANDED. Ginsburg, J. delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Scalia, J., joined.
May 29 2012 JUDGMENT ISSUED.
May 31 2012 Record returned to U.S.C.A. for Tenth Circuit.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Kathleen A. Lord Assistant Federal Public Defender(303) 294-7002
    Counsel of Record 633 17th Street
Suite 1000
Denver, CO  80202
kathleen_lord@fd.org
Party name: Patrick Wood
Attorneys for Respondents:
Daniel D. Domenico Solicitor General(303) 866-3052
    Counsel of Record State of Colorado
1525 Sherman St., 7th Floor
Denver, CO  80203
daniel.domenico@state.co.us
Party name: Kevin Milyard, Warden, et al.
 
Other:
James Patrick Sullivan Assistant Solicitor General(512) 936-1700
Office of the Attorney General
P.O. Box 12548 (MC 059)
Austin, TX  78711-2548
james.sullivan@oag.state.tx.us
Party name: Texas, et al.
 
Donald B. Verrilli Jr. Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: the United States

 

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