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Hankerson V. North Carolina (1976)

 

Document 1

From: Lewis F. Powell
To: Conference
Copied: None
On: March 3rd, 1977
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 2

From: Lewis F. Powell
To: Conference
Copied: None
On: March 3rd, 1977
Action: Attached Material Relevant to a Case
This may include memos about maps or pictures that will be incorporated in opinion; cover memo to circulation of some relevant non-case material for an opinion (e.g., newspaper article, related lower court opinion); memos may mention extra-court material that might be relevant (e.g., congressional hearings, a statute, other opinions that are somehow (perhaps tangentially) related to case at hand); circulation of clerk’s memo about case

Document 3

From: Byron R. White
To: Conference
Copied: None
On: April 22nd, 1977
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 4

From: Byron R. White
To: Conference
Copied: None
On: April 22nd, 1977
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 5

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: April 22nd, 1977
Action: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion

Document 6

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: April 25th, 1977
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 7

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: May 5th, 1977
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 8

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: May 6th, 1977
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 9

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: May 6th, 1977
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me

Document 10

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: May 25th, 1977
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 11

From: Byron R. White
To: Conference
Copied: None
On: May 26th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: May 27th, 1977
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 27th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 27th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Lewis F. Powell
To: Conference
Copied: None
On: June 1st, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: Lewis F. Powell
To: Conference
Copied: None
On: June 6th, 1977
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: Byron R. White
To: Conference
Copied: None
On: June 6th, 1977
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Thurgood Marshall
To: Conference
Copied: None
On: June 8th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 19

From: Thurgood Marshall
To: Conference
Copied: None
On: June 10th, 1977
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 13th, 1977
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.