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Barclay V. Florida (1982)

 

Document 1

From: Thurgood Marshall
To: Conference
Copied: None
On: September 24th, 1982
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 2

From: Thurgood Marshall
To: Conference
Copied: None
On: September 24th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 3

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: February 22nd, 1983
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: Byron R. White
To: John Paul Stevens
Copied: Conference
On: February 23rd, 1983
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 5

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: February 23rd, 1983
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 6

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: February 23rd, 1983
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 7

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: February 24th, 1983
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 8

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: February 24th, 1983
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 9

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: February 24th, 1983
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.

Document 10

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: April 13th, 1983
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 11

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: April 28th, 1983
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 12

From: Warren E. Burger
To: Conference
Copied: None
On: May 16th, 1983
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 13

From: William H. Rehnquist
To: Conference
Copied: None
On: June 6th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: June 6th, 1983
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 15

From: William H. Rehnquist
To: Conference
Copied: None
On: June 8th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: June 8th, 1983
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 17

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 14th, 1983
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 18

From: John Paul Stevens
To: William H. Rehnquist
Copied: Conference
On: June 14th, 1983
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 19

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: June 15th, 1983
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 20

From: John Paul Stevens
To: Conference
Copied: None
On: June 23rd, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: June 24th, 1983
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 22

From: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: June 24th, 1983
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 23

From: Thurgood Marshall
To: Conference
Copied: None
On: June 24th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 27th, 1983
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

Document 25

From: John Paul Stevens
To: Conference
Copied: None
On: June 27th, 1983
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: June 27th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 27

From: William H. Rehnquist
To: Conference
Copied: None
On: June 27th, 1983
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

Document 28

From: Thurgood Marshall
To: Conference
Copied: None
On: June 27th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Lewis F. Powell
To: William H. Rehnquist
Copied: None
On: June 27th, 1983
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 30

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 27th, 1983
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 31

From: William H. Rehnquist
To: Conference
Copied: None
On: June 28th, 1983
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

Document 32

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 28th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Lewis F. Powell
To: John Paul Stevens
Copied: Conference
On: June 28th, 1983
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 34

From: William H. Rehnquist
To: Conference
Copied: None
On: June 28th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 35

From: John Paul Stevens
To: Conference
Copied: None
On: June 29th, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 36

From: Thurgood Marshall
To: Conference
Copied: None
On: June 30th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: John Paul Stevens
To: Conference
Copied: None
On: July 1st, 1983
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result