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Barefoot V. Estelle (1982)

 

Document 1

From: Byron R. White
To: Conference
Copied: None
On: January 20th, 1983
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 2

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: January 22nd, 1983
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 3

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: January 22nd, 1983
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 4

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 24th, 1983
Action: Cover Memo to Application for Order
This indicates a memo that informs the Court that an application (e.g., stay, injunction) will be circulated soon; memo about an order

Document 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 24th, 1983
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 6

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: January 24th, 1983
Action: May Join Memorandum Opinion (Author is not Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion (or per curiam opinion) written by a justice who was not assigned the opinion (e.g., agree and will join if it becomes opinion; agree with suggested order). The identity of the justice whose opinion is endorsed is located in the JOINED variable.

Document 7

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: January 24th, 1983
Action: Join Order
Memos where a justice joins an order if order is not on merits of case. If an order disposes of a case, a joinder is coded 300.

Document 8

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: January 24th, 1983
Action: Join Order
Memos where a justice joins an order if order is not on merits of case. If an order disposes of a case, a joinder is coded 300.

Document 9

From: William J. Brennan, Jr.
To: Thurgood Marshall, Harry A. Blackmun
Copied: None
On: May 3rd, 1983
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 10

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Thurgood Marshall
On: May 3rd, 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 11

From: Byron R. White
To: Conference
Copied: None
On: May 26th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: May 27th, 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 13

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: May 27th, 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 14

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: May 31st, 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 15

From: Lewis F. Powell
To: Byron R. White
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 16

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: June 6th, 1983
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 17

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: June 7th, 1983
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 18

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: June 7th, 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 19

From: Byron R. White
To: John Paul Stevens
Copied: Conference
On: June 7th, 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 20

From: Byron R. White
To: Conference
Copied: None
On: June 13th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Byron R. White
To: Conference
Copied: None
On: June 17th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Thurgood Marshall
To: Conference
Copied: None
On: June 23rd, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: Byron R. White
To: Conference
Copied: None
On: June 23rd, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 24th, 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 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: Byron R. White
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 27

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 29th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 28

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 29th, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: William J. Brennan, Jr.
To: Harry A. Blackmun
Copied: Conference
On: June 30th, 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 30

From: Byron R. White
To: Conference
Copied: None
On: June 30th, 1983
Action: Majority Opinion
This refers to a majority opinion draft

Document 31

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: June 30th, 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 32

From: Thurgood Marshall
To: Harry A. Blackmun
Copied: Conference
On: July 1st, 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 33

From: Harry A. Blackmun
To: Conference
Copied: None
On: July 1st, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 34

From: Thurgood Marshall
To: Conference
Copied: None
On: July 1st, 1983
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form