2007 term per curiam opinions of the Supreme Court of the United States

(Redirected from Allen v. Siebert)

The Supreme Court of the United States handed down six per curiam opinions during its 2007 term, which began October 1, 2007 and concluded September 30, 2008.[1]

Because per curiam decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted.

Court membership

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Chief Justice: John Roberts

Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito

Allen v. Siebert

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Full caption:Richard F. Allen, Commissioner, Alabama Department of Corrections v. Daniel Siebert
Citations:552 U.S. 3
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Full text of the opinion:official slip opinion

552 U.S. 3
Decided November 5, 2007.
Eleventh Circuit reversed and remanded.

The Court held that because Siebert's petition for state postconviction relief was rejected as untimely by the Alabama courts, it was not "properly filed" under §2244(d)(2). Accordingly, he was not entitled to tolling of AEDPA’s 1-year statute of limitations.

Stevens filed a dissent, joined by Ginsburg.

Arave v. Hoffman

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Full caption:Avron J. Arave, Warden v. Maxwell Hoffman
Citations:552 U.S. 117
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Full text of the opinion:official slip opinion

552 U.S. 117
Decided January 7, 2008.
Ninth Circuit vacated and remanded.

Wright v. Van Patten

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Full caption:Randall Wright, Sheriff, Shawano County, Wisconsin v. Joseph L. Van Patten
Citations:552 U.S. 120
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Full text of the opinion:official slip opinion

552 U.S. 120
Decided January 7, 2008.
Seventh Circuit reversed and remanded.

Stevens filed an opinion concurring in the judgment.

Medellín v. Texas

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Full caption:Jose Ernesto Medellin v. Texas
Citations:554 U.S. 759
Prior history:Medellín v. State, No. 71,997 (Tex. Crim. App., May 16, 1997); petition denied, S.D. Tex.; certificate of appealability denied, 371 F.3d 270 (5th Cir. 2004); cert. granted, 543 U.S. 1032 (2005); cert. dismissed, 544 U.S. 660 (2005) (per curiam) (Medellín I); Ex parte Medellín, 223 S.W. 3d 315 (Tex. Crim. App. 2006); cert. granted Ex parte Medellín, 550 U.S. 917 (2007); aff'd, 552 U.S. 491 (2008) (Medellín II)
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Full text of the opinion:official slip opinion

554 U.S. 759
Decided August 5, 2008.
Applications for stay of execution and petition for a writ of habeas corpus denied.

Stevens, Souter, Ginsburg, and Breyer filed dissents.

See also

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Notes

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  1. ^ The descriptions of two opinions have been omitted:
    • The Court's per curiam opinion in Board of Ed. of City School Dist. of New York v. Tom F., 552 U.S. 1 (2007), noted that the judgment was affirmed by an equally divided Court. Kennedy did not participate.
    • The Court's per curiam opinion in Warner-Lambert Co. v. Kent, 552 U.S. 440 (2008), noted that the judgment was affirmed by an equally divided Court. Roberts did not participate.

References

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  • "2007 Term Opinions of the Court". Supreme Court of the United States. Retrieved March 25, 2010.