No. 21-511
Tim Shoop, Warden v. Raymond A. Twyford, III
Tags: all-writs-act circuit-split evidentiary-development federal-court habeas-corpus state-prisoner state-prisoners statutory-interpretation transportation writ-of-transportation
Key Terms:
HabeasCorpus JusticiabilityDoctri
HabeasCorpus JusticiabilityDoctri
Latest Conference:
2022-04-22
(distributed 3 times)
Question Presented (AI Summary)
Whether federal courts may use the All Writs Act to evade the limitations on state prisoner transportation in 28 U.S.C. §2241(c)
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. 28 U.S.C. §2241(c) allows federal courts to issue a writ of habeas corpus ordering the transportation of a state prisoner only when necessary to bring the inmate into court to testify or for trial. It forbids courts from using the writ of habeas corpus to order a state prisoner’s transportation for any other reason. May federal courts evade this prohibition by using the All Writs Act to order the transportation of state prisoners for reasons not enumerated in §2241(c)? 2. Before a court grants an order allowing a habeas petitioner to develop new evidence, must it determine whether the evidence could aid the petitioner in proving his entitlement to habeas relief, and whether the evidence may permissibly be considered by a habeas court?
Docket Entries
2022-07-25
JUDGMENT ISSUED
2022-06-21
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-511_o75p.pdf'>opinion</a> of the Court, in which Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion.
2022-04-26
Argued. For petitioner: Benjamin M. Flowers, Solicitor General, Columbus, Ohio.
For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: David A. O'Neil, Washington, D. C.
2022-04-25
Motion to appoint counsel filed by respondent GRANTED, and Michael J. Benza, Esq., of Chagrin Falls, Ohio, is appointed to serve as counsel for respondent in this case.
2022-04-14
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED IN PART, and the time is allotted as follows: 30 minutes for petitioner, 15 minutes for the Solicitor General, and 25 minutes for respondent.
2022-04-06
Motion to appoint counsel DISTRIBUTED for Conference of 4/22/2022.
2022-04-05
Reply of petitioner Tim Shoop filed. (Distributed)
2022-04-04
Brief amici curiae of Law Professors filed. (Distributed)
2022-04-04
Brief amicus curiae of American Bar Association filed. (Distributed)
2022-04-04
Brief amicus curiae of Massachusetts General Hospital Center for Law, Brain & Behavior filed. (Distributed)
2022-04-01
Brief amici curiae of 18 Former Federal Judges filed. (Distributed)
2022-03-28
Brief of respondent Raymond Twyford filed. (Distributed)
2022-03-23
CIRCULATED
2022-03-19
Motion to appoint counsel filed by respondent Raymond Twyford.
2022-03-16
Record requested from the U.S.C.A. 6th Circuit.
2022-03-16
The record from the U.S.C.A. 6th Circuit is electronic and located on PACER. Also available are documents that has been electronically filed.
2022-03-16
Opposition to motion of the Solicitor General filed by petitioner Tim Shoop.
2022-03-16
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2022-03-15
ARGUMENT SET FOR Tuesday, April 26, 2022.
2022-03-07
Brief amicus curiae of United States in support of neither party filed.
2022-03-04
Brief amici curiae of State of Utah and 20 Other States filed.
2022-02-25
Brief of petitioner Tim Shoop filed.
2022-02-22
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2022-01-21
Joint motion to dispense with printing the joint appendix filed.
2022-01-14
Petition GRANTED.
2022-01-14
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-08
Waiver of the 14-day waiting period under 15.5 filed.
2021-12-08
Reply of petitioner Tim Shoop, Warden filed.
2021-12-06
Motion for leave to proceed in forma pauperis filed by respondent Raymond Twyford.
2021-12-06
Brief of respondent Raymond Twyford in opposition filed.
2021-11-05
Brief amici curiae of Utah and 14 Other States filed.
2021-10-28
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2021.
2021-10-27
Motion to extend the time to file a response from November 5, 2021 to December 6, 2021, submitted to The Clerk.
2021-10-04
Petition for a writ of certiorari filed. (Response due November 5, 2021)
Attorneys
18 Former Federal Judges
Christopher D. Man — Winston & Strawn LLP, Amicus
American Bar Association
Reginald M. Turner — American Bar Association, Amicus
Law Professors
Massachusetts General Hospital Center for Law, Brain & Behavior
Christopher May Mason — Nixon Peabody LLP, Amicus
Raymond Twyford
David A. O'Neil — Debevoise & Plimpton LLP, Respondent
Michael John Benza — Law Office of Michael J. Benza, Inc, Respondent
State of Utah and 14 Other States
Tim Shoop
Benjamin Michael Flowers — Ohio Solicitor General, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Amicus