| No. 21-511 *** CAPITAL CASE *** | |
| Title: | Tim Shoop, Warden, Petitioner v. Raymond A. Twyford, III |
| Docketed: | October 6, 2021 |
| Lower Ct: | United States Court of Appeals for the Sixth Circuit |
| Case Numbers: | (20-3346) |
| Decision Date: | August 26, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 04 2021 | Petition for a writ of certiorari filed. (Response due November 5, 2021) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Oct 27 2021 | Motion to extend the time to file a response from November 5, 2021 to December 6, 2021, submitted to The Clerk. |
| Main Document | |
| Oct 28 2021 | Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2021. |
| Nov 05 2021 | Brief amici curiae of Utah and 14 Other States filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 06 2021 | Brief of respondent Raymond Twyford in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 06 2021 | Motion for leave to proceed in forma pauperis filed by respondent Raymond Twyford. |
| Main DocumentProof of Service | |
| Dec 08 2021 | Reply of petitioner Tim Shoop, Warden filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 08 2021 | Waiver of the 14-day waiting period under 15.5 filed. |
| Main Document | |
| Dec 15 2021 | DISTRIBUTED for Conference of 1/7/2022. |
| Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022. |
| Jan 14 2022 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Jan 14 2022 | Petition GRANTED. |
| Jan 21 2022 | Joint motion to dispense with printing the joint appendix filed. |
| Main DocumentProof of Service | |
| Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 25 2022 | Brief of petitioner Tim Shoop filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 04 2022 | Brief amici curiae of State of Utah and 20 Other States filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 07 2022 | Brief amicus curiae of United States in support of neither party filed. |
| Main DocumentProof of Service | |
| Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 26, 2022. |
| Mar 16 2022 | Record requested from the U.S.C.A. 6th Circuit. |
| Mar 16 2022 | 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. |
| Main DocumentProof of Service | |
| Mar 16 2022 | Opposition to motion of the Solicitor General filed by petitioner Tim Shoop. |
| Main DocumentProof of Service | |
| Mar 16 2022 | 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. |
| Mar 19 2022 | Motion to appoint counsel filed by respondent Raymond Twyford. |
| Main Document | |
| Mar 23 2022 | CIRCULATED |
| Mar 28 2022 | Brief of respondent Raymond Twyford filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 01 2022 | Brief amici curiae of 18 Former Federal Judges filed. (Distributed) |
| Main DocumentOtherProof of Service | |
| Apr 04 2022 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 04 2022 | Brief amici curiae of Law Professors filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 04 2022 | Brief amicus curiae of Massachusetts General Hospital Center for Law, Brain & Behavior filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 05 2022 | Reply of petitioner Tim Shoop filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 06 2022 | Motion to appoint counsel DISTRIBUTED for Conference of 4/22/2022. |
| Apr 14 2022 | 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. |
| Apr 25 2022 | 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. |
| Apr 26 2022 | 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. |
| Jun 21 2022 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion 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. |
| Jul 25 2022 | JUDGMENT ISSUED |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Benjamin Michael Flowers Counsel of Record | Ohio Solicitor General 30 E. Broad St. Columbus, OH 43215 benjamin.flowers@ohioattorneygeneral.gov | 6144668980 |
| Party name: Tim Shoop | ||
| Attorneys for Respondent | ||
| David A. O'Neil Counsel of Record | Debevoise & Plimpton LLP 801 Pennsylvania Avenue N.W. – Suite 500 Washington, DC 20004 daoneil@debevoise.com | (202) 383-8000 |
| Party name: Raymond Twyford | ||
| Michael John Benza | Law Office of Michael J. Benza, Inc 17850 Geauga Lake Road Chagrin Falls, OH 44023 michael.benza@case.edu | 2163191247 |
| Party name: Raymond Twyford | ||
| Other | ||
| Melissa Ann Holyoak Counsel of Record | Utah Attorney General's Office 350 N. State Street, Suite 230 Salt Lake City, UT 84114 melissaholyoak@agutah.gov | (801) 538-9600 |
| Party name: State of Utah and 14 Other States | ||
| Melissa Ann Holyoak Counsel of Record | Utah Attorney General's Office 350 N. State Street, Suite 230 Salt Lake City, UT 84114 melissaholyoak@agutah.gov | (801) 538-9600 |
| Party name: State of Utah and 20 Other States | ||
| Christopher D. Man Counsel of Record | Winston & Strawn LLP 1901 L Street NW Washington, DC 20036 cman@winston.com | 202-282-5622 |
| Party name: 18 Former Federal Judges | ||
| Christopher May Mason Counsel of Record | Nixon Peabody LLP Tower 46 55 West 46th Street New York, NY 10036 cmason@nixonpeabody.com | (212) 940-3000 |
| Party name: Massachusetts General Hospital Center for Law, Brain & Behavior | ||
| Elizabeth B. Prelogar | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Jonathan Podolsky Schneller Counsel of Record | O' Melveny & Myers 400 S. Hope St., 18th Floor Los Angeles, CA 90071 jschneller@omm.com | 213-430-8115 |
| Party name: Law Professors | ||
| Reginald M. Turner Counsel of Record | American Bar Association 321 North Clark Street Chicao, IL 60654 abapresident@americanbar.org | (312) 988-5000 |
| Party name: American Bar Association | ||