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Decided

Baze v. Rees

Docket No.07-5439
Op. BelowKy. S.Ct.
ArgumentJan 7, 2008

Judgment

Affirmed, in an opinion by John Roberts on Apr 16, 2008.

Proceedings & orders timeline

Jul 11, 2007
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2007)
Aug 20, 2007
Brief of respondents John D. Rees, Commissioner, Kentucky Department of Corrections, et al. in opposition filed.
Aug 21, 2007
Reply of petitioners Ralph Baze, et al. filed.
Aug 30, 2007
DISTRIBUTED for Conference of September 24, 2007.
Sep 6, 2007
Supplemental reply brief of petitioners Ralph Baze, et al. filed. (Distributed)
Sep 7, 2007
Supplemental brief of petitioners Ralph Baze, et al. filed. (Distributed)
Sep 25, 2007
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, December 3, 2007. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2007. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioner's brief is filed.
Oct 3, 2007
The order granting the petition for a writ of certiorari is amended as follows: The motion of petitioners for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to Questions 1, 2, and 3 presented by the petition. The brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, December 3, 2007. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2007. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioners' brief is filed.
Oct 29, 2007
Motion for leave to file Volume IV of the joint appendix under seal filed by petitioners Ralph Baze, et al.
Nov 5, 2007
Brief of petitioners Ralph Baze, et al. filed.
Nov 5, 2007
Joint appendix filed, Volumes 1 - III. (Statement of costs received)
Nov 8, 2007
Brief amici curiae of American Civil Liberties Union, et al. filed.
Nov 12, 2007
Brief amici curiae of Critical Care Providers and Clinical Ethicists filed.
Nov 13, 2007
Brief amicus curiae of Anesthesia Awareness Campaign, Inc. in Support of Neither Party filed.
Nov 13, 2007
Brief amicus curiae of American Association of Jewish Lawyers and Jurists filed.
Nov 13, 2007
Brief amici curiae of Michael Morales, Michael Taylor, Vernon Evans, Jr., and John Gary Hardwick, Jr. filed.
Nov 13, 2007
Brief amicus curiae of Human Rights Watch filed.
Nov 13, 2007
Brief amicus curiae of Fordham University School of Law, Louis Stein Center for Law and Ethics filed.
Nov 13, 2007
Brief amici curiae of Drs. Kevin Concannon, et al. filed.
Nov 13, 2007
Brief amicus curiae of American Society of Anesthesiologists in Support of Neither Party filed.
Nov 16, 2007
SET FOR ARGUMENT ON Monday, January 7, 2008.
Nov 19, 2007
CIRCULATED.
Nov 19, 2007
Received from counsel 1 Large binder containing printed transcripts.
Nov 21, 2007
Response to motion of petitioner to file volume IV of the joint appendix under seal requested. (Response to motion due December 3, 2007)
Dec 3, 2007
Brief of respondents John D. Rees, Commissioner, Kentucky Department of Corrections, et al. filed. (Distributed)
Dec 3, 2007
Motion DISTRIBUTED for Conference of December 7, 2007.
Dec 3, 2007
Response to motion of petitioner to file volume IV of the joint appendix under seal filed. (Distributed)
Dec 5, 2007
Reply of petitioners to response to motion to file volume IV of the joint appendix under seal filed. (Distributed)
Dec 5, 2007
Letter of proposal to LODGE copies of a transcript from Dr. Dershwitz' trial deposition in Harbison v. Little, received from counsel for respondents.
Dec 7, 2007
Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Dec 7, 2007
Brief amici curiae of Texas, et al. filed.
Dec 7, 2007
Letter of opposition to respondents' lodging proposal received from counsel for petitioners.
Dec 10, 2007
Motion for leave to file Volume IV of the joint appendix under seal GRANTED.
Dec 10, 2007
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 10, 2007
Brief amicus curiae of United States filed. (Distributed)
Dec 10, 2007
Record received from Supreme Court of Kentucky. (1 box)
Dec 10, 2007
Record received from Franklin County Kentucky Circuit Court. (2 boxes)
Dec 18, 2007
Letter from counsel for respondents received.
Dec 27, 2007
Lodging proposal of respondents approved by Clerk of Court.
Dec 28, 2007
Reply of petitioners Ralph Baze, et al. filed. (Distributed)
Jan 4, 2008
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 7, 2008
Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D.C. For respondents: Roy T. Englert, Jr., Washington, D.C.; and Gregory G. Garre, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Apr 9, 2008
Redacted Version of Joint appendix Volume IV filed. (Distributed)
Apr 9, 2008
Letter of respondent John D. Rees, Commissioner, Kentucky Department of Corrections, et al. filed. (Distributed)
Apr 16, 2008
Adjudged to be AFFIRMED. Roberts, C.J., announced the judgment of the Court and delivered an opinion, in which Kennedy and Alito, JJ., joined. Alito, J., filed a concurring opinion. Stevens, J., filed an opinion councurring in the judgment. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Thomas, J., filed an opinion concurring in the judgment, in which Scalia, J., joined. Breyer, J., filed an opinion concurring in the judgment. Ginsubrg, J., filed a dissenting opinion, in which Souter, J., joined.
May 19, 2008
MANDATE ISSUED.
May 22, 2008
Record returned to the Supreme Court of Kentucky.
May 22, 2008
Record returned to Franklin County Kentucky Circuit Court.

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