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Michigan V. Tyler (1977)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: January 16th, 1978
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
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

Document 2

From: Potter Stewart
To: Conference
Copied: None
On: February 10th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: February 13th, 1978
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 4

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: February 14th, 1978
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: 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: May Write Concurring Opinion
A memo where a justice states that he or she may (or will likely) write a concurring opinion; this also applies to opinions that concur in part, concurrences in judgment, or concurrences at foot.

Document 5

From: Potter Stewart
To: Conference
Copied: None
On: February 16th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: February 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.

Document 7

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: February 28th, 1978
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 8

From: Byron R. White
To: Conference
Copied: None
On: February 28th, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 9

From: Byron R. White
To: Conference
Copied: None
On: March 2nd, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 10

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: March 28th, 1978
Action: Await Opinion in Another Case
Await Opinion in Another Case

Document 11

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: April 7th, 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 12

From: Potter Stewart
To: Conference
Copied: None
On: April 21st, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 24th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: April 24th, 1978
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: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 15

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: April 24th, 1978
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 Write Dissenting Opinion
A memo where a justice states that he or she may (or will likely) write a dissenting opinion (e.g., considering a dissent, expects to write dissent, will probably write dissent, may write dissent in part, inclined to dissent, shall likely be in dissent, may not write dissent, and hope not to write dissent)

Document 16

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: April 24th, 1978
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 17

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: April 24th, 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.
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 18

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: April 24th, 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 19

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: April 24th, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 20

From: Potter Stewart
To: Harry A. Blackmun
Copied: Warren E. Burger, Lewis F. Powell, William H. Rehnquist
On: April 24th, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 21

From: William H. Rehnquist
To: Potter Stewart
Copied: Conference
On: April 25th, 1978
Action: Await Opinion in Another Case
Await Opinion in Another Case

Document 22

From: Harry A. Blackmun
To: Conference
Copied: None
On: April 25th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: April 26th, 1978
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 24

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: April 27th, 1978
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 25

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 4th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 26

From: Byron R. White
To: Conference
Copied: None
On: May 8th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 27

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: May 8th, 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 28

From: Byron R. White
To: Conference
Copied: None
On: May 11th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 29

From: John Paul Stevens
To: Conference
Copied: None
On: May 11th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: May 12th, 1978
Action: Withdraw Join of Majority Opinion
This includes withdrawing joins of a per curiam opinion written by the assigned opinion author and withdrawing joins of part of a majority opinion
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 31

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: May 12th, 1978
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 32

From: Harry A. Blackmun
To: Conference
Copied: None
On: May 15th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 33

From: Potter Stewart
To: Conference
Copied: None
On: May 16th, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 34

From: Potter Stewart
To: Conference
Copied: None
On: May 16th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: Harry A. Blackmun
To: Potter Stewart
Copied: None
On: May 17th, 1978
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 36

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: May 17th, 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 37

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: May 17th, 1978
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot
Action: Concur at Foot
This refers to a letter where a justice asks that a concurrence (or a concurrence in part) be noted at the foot of an opinion

Document 38

From: Lewis F. Powell
To: Potter Stewart
Copied: Conference
On: May 17th, 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 39

From: Byron R. White
To: Conference
Copied: None
On: May 17th, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 40

From: John Paul Stevens
To: Potter Stewart
Copied: Conference
On: May 17th, 1978
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 41

From: Potter Stewart
To: Conference
Copied: None
On: May 18th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 42

From: Byron R. White
To: Conference
Copied: None
On: May 18th, 1978
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 43

From: Potter Stewart
To: Conference
Copied: None
On: May 23rd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 44

From: William H. Rehnquist
To: Conference
Copied: None
On: May 26th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form