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Decided

Martel v. Clair

Docket No.10-1265
Op. Below9th Circuit
ArgumentDec 6, 2011

Holding

When evaluating motions to substitute counsel in capital cases under 18 U. S. C. " 3599, courts should employ the same "interests of justice" standard that applies in non-capital cases under 18 U.S.C. § 3006A. In this case, the district court did no abuse its discretion when, using the "interests of justice" standard, it denied Clair"s second request for new counsel. The Ninth Circuit erred in overturning that denial.

Judgment

Reversed and remanded, 9-0, in an opinion by Elena Kagan on Mar 5, 2012.

Merits Briefs for the Petitioner

Merits Briefs for the Respondent

Amicus Briefs in Support of the Petitioner

[##CERT-STAGE##]

Proceedings & orders timeline

Apr 12, 2011
Petition for a writ of certiorari filed. (Response due May 18, 2011)
Apr 12, 2011
Appendix of Michael Martel, Warden filed.
May 18, 2011
Brief and appendix of respondent Kenneth Clair in opposition filed.
May 18, 2011
Motion for leave to proceed in forma pauperis filed by respondent Kenneth Clair.
May 31, 2011
DISTRIBUTED for Conference of June 16, 2011.
May 31, 2011
Reply of petitioner Michael Martel, Warden filed. (Distributed)
Jun 20, 2011
DISTRIBUTED for Conference of June 23, 2011.
Jun 27, 2011
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 27, 2011
Petition GRANTED.
Jul 27, 2011
The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2011.
Sep 9, 2011
Joint appendix filed. (Statement of costs filed)
Sep 9, 2011
Brief of petitioner Michael Martel, Warden filed.
Sep 12, 2011
SET FOR ARGUMENT on Tuesday December 6, 2011.
Sep 16, 2011
Brief amici curiae of Florida, et al. filed. (Distributed)
Sep 19, 2011
CIRCULATED
Sep 20, 2011
The time to file respondent's brief on the merits is extended to and including November 8, 2011.
Sep 21, 2011
Record from U.S.D.C. for the Central District of California received from the Chambers of Ninth Circuit Judge Reindhardt. (6 boxes). There are sealed documents in the this record.
Sep 21, 2011
Record received from U.S.C.A. for 9th Circuit. (1 box)
Nov 8, 2011
Brief of respondent Kenneth Clair filed. (Distributed)
Nov 29, 2011
Reply of petitioner Michael Martel, Warden filed. (Distributed)
Dec 6, 2011
Argued. For petitioner: Ward A. Campbell, Supervising Deputy Attorney General, Sacramento, Cal. For respondent: Seth P. Waxman, Washington, D. C.
Dec 15, 2011
Additional record received from U.S.C.A. for 9th Circuit.
Mar 5, 2012
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Apr 6, 2012
JUDGMENT ISSUED.
Apr 17, 2012
Record for U.S.D.C. for Central District of California returned to the Chambers of Judge Stephen Reinhardt of the U.S.C.A. for 9th Circuit.

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