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Stanley V. Illinois (1971)

 

Document 1

From: Thurgood Marshall
To:
Copied: None
On: None provided.
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: October 28th, 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 3

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: October 28th, 1971
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 4

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: November 1st, 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: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: November 2nd, 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 6

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 3rd, 1971
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 7

From: William O. Douglas
To: Conference
Copied: None
On: November 4th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: Byron R. White
To: Conference
Copied: None
On: November 8th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 10th, 1971
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 10

From: William O. Douglas
To: Conference
Copied: None
On: November 10th, 1971
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 11

From: William O. Douglas
To: Conference
Copied: None
On: November 10th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Byron R. White
To: Conference
Copied: None
On: November 18th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: November 18th, 1971
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 14

From: William O. Douglas
To: Byron R. White
Copied: None
On: November 18th, 1971
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

Document 15

From: Thurgood Marshall
To: Conference
Copied: None
On: November 19th, 1971
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 16

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: November 19th, 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 17

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: November 19th, 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 18

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: November 23rd, 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 19

From: Warren E. Burger
To: Conference
Copied: None
On: December 2nd, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: December 2nd, 1971
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 21

From: Byron R. White
To: Conference
Copied: None
On: December 3rd, 1971
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 22

From: Warren E. Burger
To: Conference
Copied: None
On: January 24th, 1972
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: February 3rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 24

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: February 4th, 1972
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 25

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: February 7th, 1972
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.
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 26

From: William O. Douglas
To: Byron R. White
Copied: Conference
On: February 7th, 1972
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: 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 27

From: Byron R. White
To: Conference
Copied: None
On: February 8th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 28

From: Warren E. Burger
To: Conference
Copied: None
On: March 7th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 29

From: Byron R. White
To: Conference
Copied: None
On: March 8th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 30

From: William O. Douglas
To: Byron R. White
Copied: Conference
On: March 9th, 1972
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

Document 31

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: March 13th, 1972
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 32

From: Warren E. Burger
To: Conference
Copied: None
On: March 13th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 33

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: March 13th, 1972
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 34

From: Harry A. Blackmun
To: Byron R. White
Copied: None
On: March 13th, 1972
Action: Withdraw Join of Majority Opinion
This includes withdrawing joins of a per curiam opinion written by the assigned opinion author and withdrawing joins of part of a majority opinion

Document 35

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: March 13th, 1972
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 36

From: Warren E. Burger
To: Conference
Copied: None
On: March 14th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: Byron R. White
To: Conference
Copied: None
On: March 30th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 38

From: Potter Stewart
To: Byron R. White
Copied: Conference
On: March 30th, 1972
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.