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Ballew V. Georgia (1977)

 

Document 1

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 10th, 1978
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 2

From: Harry A. Blackmun
To: Byron R. White
Copied: None
On: February 10th, 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 3

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: February 13th, 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

Document 4

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: February 13th, 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

Document 5

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 14th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: February 15th, 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 7

From: John Paul Stevens
To: Harry A. Blackmun
Copied: Conference
On: February 15th, 1978
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion

Document 8

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: February 16th, 1978
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed 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 9

From: Lewis F. Powell
To: Conference
Copied: None
On: February 16th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: February 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 11

From: Byron R. White
To: Harry A. Blackmun
Copied: None
On: February 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
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 12

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: February 17th, 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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 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 14

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 17th, 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 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 17th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Lewis F. Powell
To: Conference
Copied: None
On: February 21st, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 22nd, 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 18

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: February 22nd, 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: Harry A. Blackmun
To: Conference
Copied: None
On: February 22nd, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: February 22nd, 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 Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 23rd, 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 22

From: John Paul Stevens
To: Conference
Copied: None
On: February 23rd, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 23

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: February 23rd, 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 24

From: John Paul Stevens
To: Conference
Copied: None
On: February 24th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: February 27th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 1st, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: John Paul Stevens
To: Harry A. Blackmun
Copied: None
On: March 2nd, 1978
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 28

From: Byron R. White
To: Harry A. Blackmun
Copied: Conference
On: March 2nd, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 29

From: Byron R. White
To: Conference
Copied: None
On: March 2nd, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 30

From: John Paul Stevens
To: Conference
Copied: None
On: March 3rd, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 31

From: Warren E. Burger
To: Lewis F. Powell
Copied: None
On: March 14th, 1978
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 32

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: March 16th, 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 33

From: Lewis F. Powell
To: Conference
Copied: None
On: March 16th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 34

From: Lewis F. Powell
To: Conference
Copied: None
On: March 17th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 35

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 20th, 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 36

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: March 20th, 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 37

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 21st, 1978
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference