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.
Scott Kernan, Secretary, California Department of Corrections and Rehabilitation v. Michael Daniel Cuero
Citations:
583 U.S. ___
Prior history:
Petition denied, sub nom. Cuero v. Cate, No. 08-2008, S.D. Cal., Apr. 25, 2012; rev'd, 827 F. 3d 879 (9th Cir. 2016); rehearing en banc denied, 850 F. 3d 1019 (9th Cir. 2017)
583 U.S. ___ Decided November 6, 2017. Ninth Circuit reversed and remanded.
In this case, Cuero pled guilty to a charge for which he could expect approximately 14 years in prison. After his plea, the court allowed the prosecution to amend the charges such that Cuero could expect a minimum of 25 years in prison. The court also allowed Cuero to withdraw his plea. Cuero later pled guilty to the second set of charges. The Ninth Circuit held that "federal law" clearly established that Cuero was entitled to specific performance of the sentence associated with the 14-year charges when he pled guilty the first time.
The Supreme Court reversed the Ninth Circuit and announced that "federal law" as interpreted by the Supreme Court has not clearly established that specific performance is constitutionally required in this circumstance. The Court did not address any other questions.
Dunn v. Madison
Full caption:
Jefferson Dunn, Commissioner, Alabama Department of Corrections v. Vernon Madison
Citations:
583 U.S. ___
Prior history:
Petition denied, sub nom. Madison v. Commissioner, Ala. Dept. of Corrections; rev'd in part, remanded, 677 F. 3d 1333 (11th Cir. 2012); cert. denied, sub nom. Thomas v. Madison, 568 U.S. 1019 (2012); petition denied, sub nom. Madison v. Commissioner, Ala. Dept. of Corrections; aff'd, 761 F. 3d 1240 (11th Cir. 2014); cert. denied, sub nom. Madison v. Thomas, 135 S. St. 1562 (2015); rehearing denied, 135 S. Ct. 2346 (2015); petition denied, S.D. Ala., May 10, 2016; rev'd, 851 F. 3d 1173 (11th Cir. 2017)
583 U.S. ___ Decided November 6, 2017. Eleventh Circuit reversed.
Neither Ford v. Wainwright nor Panetti v. Quarterman "clearly established" that a prisoner is incompetent to be executed because of a failure to remember that they committed the crime, as distinct from a failure to rationally comprehend the concepts of crime and punishment as applied in their case.
Ginsburg filed a concurrence, joined by Breyer and Sotomayor. Breyer filed a concurrence.
Remanded, In re United States, 877 F.3d 1080 (9th Cir. 2017); preliminary injunction granted sub. nom., Regents of the Univ. of Cal. v. Dep't of Homeland Security, 279 F. Supp. 3d1011 (N.D. Cal. 2018); affirmed, 908 F.3d 476 (9th Cir. 2018); cert. granted, 139 S. Ct. 2779 (2019).
583 U.S. ___ Decided December 20, 2017. Ninth Circuit vacated and remanded.
Vacated an order requiring the federal government to complete the administrative record filed in a proceeding brought to prevent the repeal of the Deferred Action for Childhood Arrivals (DACA) program.
583 U.S. ___ Decided January 8, 2018. Eleventh Circuit vacated and remanded.
Reversed a denial of a certificate of appealability in a case where the defendant presented evidence that a juror's racial prejudice affected the juror's vote for the death penalty.
Thomas filed a dissent, joined by Alito and Gorsuch.
Alex M. Azar, II, Secretary of Health and Human Services, et al. v. Rochelle Garza, as guardian at litem to unaccompanied minor J. D.
Citations:
584 U.S. ___
Prior history:
temporary restraining order granted, sub nom. Garza v. Hargan, No. 17–2122 (D. D.C., Oct. 18, 2017); vacated in part, D.C. Cir., Oct. 19, 2017; vacated and remanded, 874 F. 3d 735 (D.C. Cir. 2017)
585 U.S. ___ Decided June 28, 2018. Ninth Circuit reversed and remanded.
Breyer dissented without separate opinion.
North Carolina v. Covington
Full caption:
North Carolina, et al. v. Sandra Little Covington, et al.
Citations:
585 U.S. ___
Prior history:
Judgment granted to plaintiffs, 316 F. R. D. 117 (M.D.N.C. 2016); stay granted, 580 U.S. ___ (2017); summarily aff ’d, 581 U.S. ___ (2017); remedial order vacated and remanded, 581 U. S. ___ (2017) (per curiam); recommendations of Special Master adopted, 283 F. Supp. 3d 410 (M.D.N.C. 2018); stay granted in part, 583 U.S. ___ (2018)
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