No. 08-992
Title:
Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al., Petitioners
v.
Joseph J. Kindler
Docketed:February 4, 2009
Linked with 08A467
Lower Ct:United States Court of Appeals for the Third Circuit
  Case Nos.:(03-9010, 03-9011)
  Decision Date:September 3, 2008
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 21 2008 Application (08A467) to extend the time to file a petition for a writ of certiorari from December 2, 2008 to January 31, 2009, submitted to Justice Souter.
Nov 26 2008 Application (08A467) granted by Justice Souter extending the time to file until January 31, 2009.
Feb 2 2009 Petition for a writ of certiorari filed. (Response due March 6, 2009)
Mar 4 2009 Order extending time to file response to petition to and including April 6, 2009.
Apr 1 2009 Order further extending time to file response to petition to and including April 16, 2009.
Apr 16 2009 Brief of respondent Joseph J. Kindler in opposition filed.
Apr 16 2009 Motion for leave to proceed in forma pauperis filed by respondent.
Apr 20 2009 Form 4 affidavit of indigency filed. (Distributed).
Apr 28 2009 DISTRIBUTED for Conference of May 14, 2009.
May 8 2009 Reply of petitioners Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. filed. (Distributed)
May 18 2009 Motion for leave to proceed in forma pauperis filed by respondent GRANTED. Justice Alito took no part in the consideration or decision of this motion.
May 18 2009 Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Jun 17 2009 The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including July 24, 2009.
Jul 24 2009 Joint appendix filed. (Jt. Appendix in two volumes) (Statement of costs received.)
Jul 24 2009 Brief of petitioners Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. filed.
Jul 31 2009 Brief amici curiae of California, et al. filed.
Jul 31 2009 Brief amicus curiae of Criminal Justice Legal Foundation filed.
Aug 12 2009 The time within which to file respondent's brief on the merits is extended to and including August 31, 2009.
Aug 17 2009 SET FOR ARGUMENT ON Monday, November 2, 2009.
Aug 17 2009 CIRCULATED.
Aug 31 2009 Record received from the U.S.C.A. for the 3rd Circuit. (1 box)
Aug 31 2009 Brief of respondent Joseph J. Kindler filed. (Distributed)
Sep 17 2009 Application (09A285) for an extension of time within which to file petitioners' reply brief on the merits, submitted to Justice Sotomayor (Justice Alito recused).
Sep 25 2009 Application (09A285) granted by Justice Sotomayor for an extension of time within which to file petitioners' reply brief on the merits to and including October 6, 2009.
Oct 5 2009 Letter from counsel for the petitioners received.
Oct 6 2009 Reply of petitioners Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. filed. (Distributed)
Nov 2 2009 Argued. For petitioners: Ronald Eisenberg, Deputy District Attorney, Philadelphia, PA. For respondent: Matthew C. Lawry, Philadelphia, Pa.
Dec 8 2009 Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case. Kennedy, J., filed a concurring opinion, in which Thomas, J., joined.
Jan 11 2010 JUDGMENT ISSUED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Ronald Eisenberg Deputy District Attorney(215) 686-5700
    Counsel of Record District Attorney's Office
Three South Penn Square
Philadelphia, PA  19107-3499
ronald.eisenberg@phila.gov
Party name: Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al.
Attorneys for Respondent:
Stuart C. Lev Defender Association of Philadelphia(215) 928-0520
    Counsel of Record Federal Community Defender Office
Curtis Center, Suite 545 West
601 Walnut Street
Philadelphia, PA  19106
matthew_lawry@fd.org.
Party name: Joseph J. Kindler
Other:
Donald E. De Nicola Deputy Solicitor General(213) 897-2388
Office of the Attorney General of California
300 South Spring Street
Suite 1702
Los Angeles, CA  90013
donald.denicola@doj.ca.gov
Party name: California, et al.
 
Kent S. Scheidegger Criminal Justice Legal Foundation(916) 446-0345
2131 L Street
Sacramento, CA  95816
brfs@cjlf.org
Party name: Criminal Justice Legal Foundation