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California V. Texas (1977)

 

Document 1

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: April 6th, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion
Action: Undecided
Justice states that he or she is undecided, including phrases like not ready to commit, need more time, not at rest, or to consider further
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: April 13th, 1978
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 3

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: April 13th, 1978
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 4

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: April 13th, 1978
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 5

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: April 14th, 1978
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent

Document 6

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: April 14th, 1978
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 7

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: April 14th, 1978
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: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: April 14th, 1978
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 9

From: Potter Stewart
To: Conference
Copied: None
On: June 7th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: Lewis F. Powell
To: Conference
Copied: None
On: June 8th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 9th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 12

From: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: June 9th, 1978
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 13

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: June 9th, 1978
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.

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 12th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Lewis F. Powell
To: Conference
Copied: None
On: June 12th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Potter Stewart
To: Conference
Copied: None
On: June 15th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: June 16th, 1978
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.