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Dickey V. Florida (1969)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: March 26th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: March 26th, 1970
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 3

From: John M. Harlan
To: Warren E. Burger
Copied: Conference
On: March 27th, 1970
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: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: March 27th, 1970
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: Thurgood Marshall
To: Warren E. Burger
Copied: Conference
On: March 30th, 1970
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 6

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 31st, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 7

From: Hugo. L. Black
To: Warren E. Burger
Copied: Conference
On: March 31st, 1970
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: William J. Brennan, Jr.
Copied: Conference
On: April 16th, 1970
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 9

From: Warren E. Burger
To: Conference
Copied: None
On: April 27th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Warren E. Burger
To: Conference
Copied: None
On: April 27th, 1970
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 11

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: April 28th, 1970
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: Warren E. Burger
To: Conference
Copied: None
On: April 28th, 1970
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 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 28th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Warren E. Burger
To: Conference
Copied: None
On: April 28th, 1970
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 15

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 1st, 1970
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 16

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 5th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 17

From: John M. Harlan
To: Conference
Copied: None
On: May 6th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: May 7th, 1970
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 19

From: Warren E. Burger
To: Conference
Copied: None
On: May 15th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: May 22nd, 1970
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
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion