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Codispoti V. Pennsylvania (1973)

 

Document 1

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: None provided.
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 2

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: April 1st, 1974
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: Potter Stewart
To: Byron R. White
Copied: Conference
On: May 15th, 1974
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 4

From: Byron R. White
To: Conference
Copied: None
On: May 15th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Thurgood Marshall
To: Conference
Copied: None
On: May 16th, 1974
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 6

From: William O. Douglas
To: Byron R. White
Copied: Conference
On: May 16th, 1974
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 7

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: May 16th, 1974
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: Byron R. White
Copied: Conference
On: May 17th, 1974
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: Byron R. White
Copied: Conference
On: May 17th, 1974
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 10

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: May 20th, 1974
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 11

From: Byron R. White
To: Conference
Copied: None
On: May 20th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Thurgood Marshall
To: Conference
Copied: None
On: May 23rd, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 13

From: Thurgood Marshall
To: Conference
Copied: None
On: June 11th, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: Byron R. White
To: Conference
Copied: None
On: June 13th, 1974
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 19th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Potter Stewart
To: Harry A. Blackmun
Copied: Conference
On: June 19th, 1974
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
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 17

From: Harry A. Blackmun
To: Conference
Copied: None
On: June 20th, 1974
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: Conference
On: June 20th, 1974
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 19

From: Warren E. Burger
To: Conference
Copied: None
On: June 20th, 1974
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: 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: Thurgood Marshall
To: Conference
Copied: None
On: June 21st, 1974
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Byron R. White
To: Conference
Copied: None
On: June 21st, 1974
Action: Majority Opinion
This refers to a majority opinion draft