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Boyd V. Dutton (1971)

 

Case Details

Docket Number: 70-5075
Case Term: 1971

Justices Involved

Justice Potter Stewart
Justice William H. Rehnquist
Justice Harry A. Blackmun
Justice Lewis F. Powell
Justice William J. Brennan, Jr.
Justice Byron R. White
Justice William O. Douglas

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Download Documents PDF

Document 1

From: Potter Stewart
To: Conference
Copied: None
On: January 3rd, 1972
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 2

From: William H. Rehnquist
To: Conference
Copied: None
On: January 14th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 3

From: Potter Stewart
To: Conference
Copied: None
On: January 15th, 1972
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 4

From: William H. Rehnquist
To: Conference
Copied: None
On: January 20th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 5

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 1st, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 6

From: Lewis F. Powell
To: Conference
Copied: None
On: February 3rd, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 4th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 8

From: William J. Brennan, Jr.
To: Potter Stewart
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 9

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: February 7th, 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.
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: Lewis F. Powell
To: Conference
Copied: None
On: February 11th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: William H. Rehnquist
To: Lewis F. Powell
Copied: Conference
On: February 14th, 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.
Action: Withdraw Dissenting Opinion
This includes withdrawn dissents in part and dissents at foot

Document 12

From: Harry A. Blackmun
To: Conference
Copied: None
On: February 15th, 1972
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 13

From: Potter Stewart
To: Conference
Copied: None
On: February 16th, 1972
Action: Per Curiam Opinion
This refers to a draft per curiam opinion

Document 14

From: Byron R. White
To: Conference
Copied: None
On: February 16th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: William O. Douglas
To: Potter Stewart
Copied: Conference
On: February 16th, 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.