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Whiteley V. Warden, Wyoming State Penitentiary (1970)

 

Document 1

From: John M. Harlan
To: Warren E. Burger
Copied: None
On: January 19th, 1971
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 2

From: John M. Harlan
To: Conference
Copied: None
On: February 4th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William J. Brennan, Jr.
To: John M. Harlan
Copied: Conference
On: February 4th, 1971
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: William O. Douglas
To: John M. Harlan
Copied: None
On: February 4th, 1971
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: Hugo. L. Black
To: Conference
Copied: None
On: February 8th, 1971
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 6

From: Thurgood Marshall
To: John M. Harlan
Copied: Conference
On: February 8th, 1971
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: Byron R. White
To: John M. Harlan
Copied: Conference
On: February 10th, 1971
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: Potter Stewart
To: John M. Harlan
Copied: Conference
On: February 10th, 1971
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 9

From: Harry A. Blackmun
To: John M. Harlan
Copied: Conference
On: February 10th, 1971
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: May Join Dissent
Memos where a justice expresses the inclination to join a dissenting opinion, including joining the dissent in part; memos may also state a justice’s intention to join a dissent if another justice writes or circulates one; memos may also state that a justice expects to join or tentatively joins a dissent

Document 10

From: Hugo. L. Black
To: Conference
Copied: None
On: March 8th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: John M. Harlan
To: Conference
Copied: None
On: March 9th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Harry A. Blackmun
To: Hugo. L. Black
Copied: Conference
On: March 9th, 1971
Action: Dissent at Foot
This refers to a letter where a justice asks that a dissent (or a dissent in part) be noted at the foot of an opinion; it also includes at foot opinions that indicates the justice wants the Court to hear arguments and decide rather than dismiss or decide summarily

Document 13

From: Hugo. L. Black
To: Conference
Copied: None
On: March 26th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 14

From: Warren E. Burger
To: Hugo. L. Black
Copied: Conference
On: March 26th, 1971
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 15

From: John M. Harlan
To: Conference
Copied: None
On: March 27th, 1971
Action: Majority Opinion
This refers to a majority opinion draft