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Ford V. Wainwright (1985)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: November 22nd, 1985
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 2

From: Thurgood Marshall
To: Conference
Copied: None
On: November 22nd, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 3

From: Thurgood Marshall
To: Conference
Copied: None
On: December 2nd, 1985
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 4

From: Thurgood Marshall
To: Conference
Copied: None
On: June 3rd, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Sanda Day O'Connor
To: Thurgood Marshall
Copied: Conference
On: June 3rd, 1986
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 6

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: June 4th, 1986
Action: Dissenting Opinion Author's Response
May be a response to a suggestion, majority opinion, or 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 7

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 4th, 1986
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: William H. Rehnquist
To: Thurgood Marshall
Copied: Conference
On: June 4th, 1986
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 9

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: June 5th, 1986
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: 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
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 10

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 9th, 1986
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 11

From: William H. Rehnquist
To: Conference
Copied: None
On: June 13th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Thurgood Marshall
To: Conference
Copied: None
On: June 16th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: June 16th, 1986
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 14

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: June 17th, 1986
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: Sanda Day O'Connor
To: Conference
Copied: None
On: June 17th, 1986
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 16

From: Lewis F. Powell
To: Thurgood Marshall
Copied: Conference
On: June 17th, 1986
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
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 17

From: Byron R. White
To: Sanda Day O'Connor
Copied: Conference
On: June 17th, 1986
Action: Join Concur in Part and Dissent in Part
Memos where justices state that they join an opinion that concurs in part and dissents in part; alternatively, the opinion that is joined might concur in judgment and dissent. The identity of the opinion author who receives the join is located in the JOINED variable.

Document 18

From: William H. Rehnquist
To: Conference
Copied: None
On: June 19th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: June 19th, 1986
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 20

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 20th, 1986
Action: Concur in Part and Dissent in Part
This refers to an opinion draft that concurs in part and dissents in part, including opinions that concur in judgment and dissent (or dissent in part), concur in judgment in part and dissent (or dissent in part), or dissent in one docket and concurs in another docket

Document 21

From: William H. Rehnquist
To: Conference
Copied: None
On: June 20th, 1986
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Lewis F. Powell
To: Conference
Copied: None
On: June 23rd, 1986
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part

Document 23

From: Thurgood Marshall
To: Conference
Copied: None
On: June 23rd, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: Thurgood Marshall
To: Conference
Copied: None
On: June 24th, 1986
Action: Majority Opinion
This refers to a majority opinion draft

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: June 25th, 1986
Action: Concur in Judgment in Part
This refers to an opinion that concurs in part with the judgment or result or that concurs in the judgment and concur in part