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Dutton V. Evans (1970)

 

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: October 30th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: John M. Harlan
To: Potter Stewart
Copied: Conference
On: October 30th, 1970
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 3

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 3rd, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 4

From: Hugo. L. Black
To: Potter Stewart
Copied: Conference
On: November 3rd, 1970
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me

Document 5

From: Warren E. Burger
To: Harry A. Blackmun
Copied: Conference
On: November 3rd, 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 6

From: Thurgood Marshall
To: Conference
Copied: None
On: November 3rd, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: Byron R. White
To: Potter Stewart
Copied: Conference
On: November 10th, 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: John M. Harlan
To: Conference
Copied: None
On: November 16th, 1970
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 9

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 18th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 10

From: Thurgood Marshall
To: Conference
Copied: None
On: November 18th, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Potter Stewart
To: Conference
Copied: None
On: November 19th, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 24th, 1970
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 24th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Thurgood Marshall
To: Conference
Copied: None
On: December 2nd, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: John M. Harlan
To: Conference
Copied: None
On: December 2nd, 1970
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: Potter Stewart
To: Conference
Copied: None
On: December 3rd, 1970
Action: Majority Opinion
This refers to a majority opinion draft

Document 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 4th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: John M. Harlan
To: Conference
Copied: None
On: December 8th, 1970
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: John M. Harlan
To: Conference
Copied: None
On: December 8th, 1970
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: December 8th, 1970
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 21

From: John M. Harlan
To: Conference
Copied: None
On: December 10th, 1970
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Thurgood Marshall
To: Conference
Copied: None
On: December 11th, 1970
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Potter Stewart
To: Conference
Copied: None
On: January 6th, 1971
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