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Decided

Wood v. Allen

Docket No.08-9156
Op. Below11th Circuit
ArgumentApr 11, 2009

Holding

The Court upheld a death sentence, rejecting the defendant's claim that his defense attorney had failed to properly investigate or introduce evidence that the defendant's IQ being well below average.

Judgment

Affirmed, 7-2, in an opinion by Sonia Sotomayor on Jan 20, 2010. Justices Stevens filed a dissenting opinion, joined by Justice Kennedy.

Proceedings & orders timeline

Jan 21, 2009
Application (08A642) to extend the time to file a petition for a writ of certiorari from February 10, 2009 to March 12, 2009, submitted to Justice Thomas.
Jan 28, 2009
Application (08A642) granted by Justice Thomas extending the time to file until March 12, 2009.
Mar 12, 2009
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2009)
Apr 13, 2009
Brief of respondents Richard F. Allen, Commissioner, Alabama Department of Corrections, et al. in opposition filed.
Apr 23, 2009
Reply of petitioner Holly Wood filed.
Apr 29, 2009
DISTRIBUTED for Conference of May 14, 2009.
May 18, 2009
Motion to proceed in forma pauperis is GRANTED. The petition for a writ of certiorari is granted limited to Questions 1 and 2 presented by the petition.
May 27, 2009
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including August 3, 2009.
May 27, 2009
The time within which to file respondents' brief on the merits is extended to and including September 18, 2009.
Jul 29, 2009
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 29, 2009
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents.
Aug 3, 2009
Joint appendix filed (two volumes). Statement of costs received.
Aug 3, 2009
Brief of petitioner Holly Wood filed.
Aug 6, 2009
Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 10, 2009
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 17, 2009
SET FOR ARGUMENT ON Wednesday, November 4, 2009
Aug 17, 2009
CIRCULATED.
Sep 18, 2009
Brief of respondents Richard F. Allen, Commissioner, Alabama Department of Corrections, et al. filed. (Distributed)
Sep 25, 2009
Brief amici curiae of Indiana and 18 additional states filed. (Distributed)
Sep 25, 2009
Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Oct 8, 2009
Record received from U.S.D.C. for the Middle District of Alabama. ( U.S.C.A. for the 11th Circuit record included). (4 boxes)
Oct 19, 2009
Reply of petitioner Holly Wood filed. (Distributed)
Nov 4, 2009
Argued. For petitioner: Kerry A. Scanlon, Washington, D.C. For respondents: Corey L. Maze, Solicitor General, Montgomery, Ala.
Nov 6, 2009
Letter, dated November 6, 2009, received from counsel for the petitioner. (Distributed).
Jan 20, 2010
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, Breyer, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Kennedy, J., joined.
Feb 16, 2010
Petition for Rehearing filed.
Feb 24, 2010
DISTRIBUTED for Conference of March 19, 2010.
Mar 22, 2010
Rehearing DENIED.
Mar 22, 2010
JUDGMENT ISSUED.
May 27, 2010
Records returned (4-boxes, including 11th Circuit record) to the United States District Court for the Middle District of Alabama.

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