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Bell V. Ohio (1977)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: January 23rd, 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

Document 2

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 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 3

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1978
Action: Hold Case
Justice would hold case for another case; proposes holding this case for another case; suggests an opinion be held over for the next term (e.g., maybe we should hold over); memo about consolidating cases

Document 4

From: Lewis F. Powell
To: Warren E. Burger
Copied: Potter Stewart, John Paul Stevens
On: June 26th, 1978
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 5

From: Lewis F. Powell
To: John Paul Stevens
Copied: Potter Stewart
On: June 26th, 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 6

From: Warren E. Burger
To: Conference
Copied: None
On: June 26th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 7

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: June 27th, 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: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 27th, 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 9

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 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
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 10

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: June 27th, 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 11

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: June 27th, 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: Thurgood Marshall
To: Conference
Copied: None
On: June 27th, 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 13

From: William H. Rehnquist
To: Conference
Copied: None
On: June 28th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 28th, 1978
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 15

From: Thurgood Marshall
To: Conference
Copied: None
On: June 29th, 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 16

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 29th, 1978
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 17

From: Warren E. Burger
To: Conference
Copied: None
On: June 30th, 1978
Action: Majority Opinion
This refers to a majority opinion draft