Inside the Supreme Court

Petition to Decision

Papers of Supreme Court Justices on Civil Rights Cases

David Achtenberg

Professor & Law Foundation Scholar

UMKC School of Law

Kansas City, MO 64110-2499

816-235-2382

AchtenbergD@umkc.edu

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Part 3
 
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Abbreviations
 

 

 

 

 

 

 

Oklahoma City v. Tuttle

Timeline

 

 Part 1
Deciding to Grant Review
First Filings to Grant of Certiorari
Part 2
Briefing, Argument & Decision on the Merits
Grant of Certiorari to First Conference
Part 3
Drafting the Opinions
F
irst Drafts to Final Decisions
Part 4
After the Decision
Petition for Rehearing and Post Decision Events

 

          Coverage:  This page is a chronological timeline of the Court’s internal discussion and handling of Tuttle from the petitioner's earliest filings through the announcement of the decision and the denial of the petition for rehearing.  The timeline is divided into four sections which can be accessed through the buttons above or the ones in the yellow navigation area.

 

         Accessing Documents:  Each event is linked to all the documents in the Blackmun, Brennan, Marshall, and Powell files (as well as some documents from additional sources) that relate to that event.  To access a document, click on its link.  In the illustration below, you would click the link indicated by the red arrow to access the copy of Justice Powell's Opinion log that was found in his files.  (The links do not work on this illustration which is not from the Tuttle files.  To experiment, go to the timeline itself.) 

 

   

       

          Duplicate Documents:  When more than one copy of a document was found, I have included and linked all copies.  When a particular justice’s copy of a document contains additional annotations or markings, the link to that copy ends with an asterisk .   In the illustration above, the asterisks at the end of the circled entries indicate that both Justice Marshall and Justice Powell (or their clerks) made notes on their respective copies of the first draft of Justice Brennan's majority opinion.

        

          Abbreviations:  I have abbreviated the names of the justices, their clerks, and a few other persons.  A key to all abbreviations can be accessed by clicking the abbreviations button in the yellow navigation area. 

 

          Dates:  If the date of an event is unclear, estimated or derived, the date is underlined and the date is linked to an explanation. 

 

          Higher Resolution Copies:  Most of the documents are presented in comparatively small pdf files which should be adequate for most uses.  Please let me know if you think that any particular image needs to be replaced with a higher resolution version.  I will also be happy to send higher resolution copies (or original JPEGs) of any images to anyone who needs them.  For further information about how the documents were photographed, edited and converted to pdf files, click here to go to the Image Creation and Conversion Protocol Page

 

          Sources and Citation:  For an explanation of how to determine the original archive location of any document, click here to go to the Document Source Page.

 

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Abbreviations
 
Tuttle Timeline—Part 1  
Deciding to Grant Review: First Filings to Grant of Certiorari (5/24/84-10/1/84)  
    Documents  
Event Date HAB WJB TM LFP Other  
Cert Petition filed 05/24/84         Petition for Cert  
        Docket  
Brief in Opposition filed 06/18/84         Brief in Opposition  
        Docket  
Cert Petition distributed for 9/24/84 list 06/20/84         Docket  
DAC circulates Pool Memo 07/04/84 Memo DAC to Conf*     Memo DAC to Conf*    
Memo DAC to Conf (copy 2)*          
SM annotates Pool Memo for HAB 07/13/84 Memo DAC to Conf*          
LFP & Clerk annotate Pool Memo 07/13/84       Memo DAC to Conf*    
Certified original record received and filed 07/23/84         Docket  
LFP writes ALS requesting the record 07/27/84       Memo LFP to ALS    
AML writes supplemental memo to LFP recommending grant of certiorari 08/07/84       Memo AML to LFP    
LFP annotates AML's 8/7/84 memo agreeing that cert should be granted 09/22/84       Memo AML to LFP    
BRW says he agrees with LFP that a single incident can constitute a policy 09/23/81       LFP Docket    
Court discusses Tuttle  in conference and  votes to grant certiorari.  (Vote breakdown in documents) 09/24/81   WJB Docket   LFP Docket Docket  
Grant of cert ordered and docketed 10/01/84         Docket  

 

 

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Tuttle Timeline—Part 2  
Briefing, Argument & Decision on the Merits (11/15/84-1/11/85)  
    Documents  
Event Date HAB WJB TM LFP Other  
Brief for Petitioner filed 11/15/84         Brief for Petitioner  
        Docket  
Brief of Amicus State of Oklahoma filed 11/15/84         Brief for Amicus  State of Oklahoma  
        Docket  
Joint Appendix filed 11/15/84         Appendix  
        Docket  
Set for argument on January 8, 1985 as first case 12/04/84         Docket  
Case circulated 12/06/84         Docket  
Brief for Respondent filed 12/15/84         Brief for Respondent  
        Docket  
Brief for Amicus ACLU et al filed 12/15/84         Brief for Amicus ACLU  
        Docket  
LFP writes memo to himself about the issues in the case 12/28/84       Memo LFP to File    
LFP undergoes surgery and is away from the court for an extended period.  As a result he takes no further action in Tuttle other than requesting that the opinion state that he did not participate.   01/04/85         LA Times Article (see last 4 paragraphs)  
VLB writes memo to HAB recommending reversal on instructional ground 01/04/85 Memo VLB to HAB          
HAB prepares notes on briefs prior to oral argument indicating he expects to vote to reverse on instructional issue but rejects the city's argument that a single incident cannot constitute policy. 01/06/85 HAB Notes          
HAB prepares typed questions for oral argument 01/07/85 HAB  Questions          
RP prepares bench memo for TM 01/07/85     Memo RP to TM      
Oral Argument 01/08/85 HAB Oral Argument Notes     LFP Oral Argument Notes (Blank) Audio  
        Transcript  
        Docket  
WJB prepares typewritten notes for his presentation at the merits conference 01/08/85   WJB Notes for Conference        
Tuttle discussed in conference.  Court votes to reverse. 01/11/85 HAB Conference Notes WJB Conference Notes   LFP Conference Notes (blank)    
  WJB Docket (vote record)        
             
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Abbreviations
 







Tuttle Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
 

 

 

 
             
Tuttle Timeline—Part 3  
Drafting the Opinions: From First Drafts to Final Opinions (1/15/85-6/3/85)  
    Documents  
Event Date HAB WJB TM LFP Other  
Plaintiff's trial counsel prepare and sign affidavit re events surrounding instructions in trial court. (Submitted with Respondent's 1/16/85 Motion) 01/15/85 Affidavit of Michael  Gassaway          
Respondent files Motion for Leave to File Supplemental Brief after Argument with attached Supplemental Brief 01/16/85 Memo DAN to Conference       Docket
Motion & Supp Brief
 
WHR assigned to write majority opinion 01/18/85   LFP Tracking Sheet
DAN writes memo to conference recommending that the Court Grant Respondent's Motion for Leave to File Supplemental Brief after Argument 02/08/85 Memo DAN to Conference          
VLB (by note on DAN memo) recommends granting Respondent's  Motion for Leave 02/10/85 Memo DAN to Conference          
WHR circulates 1st draft of opinion 02/15/85 WHR 1st Draft (marked 2d copy)* WHR 1st Draft* WHR 1st Draft LFP Tracking Sheet    
HAB (and perhaps other justices) receive second copy of WHR 1st draft (with page 3) 02/16/85 WHR 1st Draft (marked 2d copy)* Page 3        
BRW writes WHR that he will join WHR's opinion 02/18/85 Memo BRW to WHR Memo BRW to WHR Memo BRW to WHR Memo BRW to WHR    
      LFP Tracking Sheet    
Court grants leave for respondent to file supplemental brief 02/19/85         Docket  
WJB writes WHR suggesting changes in WHR draft and indicating that he will write opinion concurring in the judgment unless changes are made 02/19/85 Memo WJB to WHR Memo WJB to WHR Memo WJB to WHR Memo WJB to WHR    
WHR writes WJB responding indicating he can accommodate some but not all of WJB's proposals 02/20/85 Memo WHR to WJB Memo WHR to WJB* Memo WHR to WJB Memo WHR to WJB    
VLB writes HAB expressing concerns about WHR opinion similar to WJB's concerns.   02/21/85 Memo VLB to HAB          
JPS writes WHR stating that he will dissent.  JPS also  discusses whether WHR's discussion of why the court reaches the instruction issue despite lack of objection might affect the Court's pending DIG in Chriswell.    02/21/85 Memo JPS to WHR Memo JPS to WHR Memo JPS to WHR Memo JPS to WHR    
WHR writes JPS explaining his position regarding reaching the instruction issue 02/22/85 Memo WHR to JPS Memo WHR to JPS Memo WHR to JPS Memo WHR to JPS    
SDO writes WHR that she will join WHR's opinion 02/25/85 Memo SDO to WHR Memo SDO to WHR Memo SDO to WHR Memo SDO to WHR    
      LFP Tracking Sheet    
LFP writes WHR asking that the opinion indicate that he took no part in the consideration or decision of the case.   03/01/85 Memo LFP to WHR Memo LFP to WHR Memo LFP to WHR Memo LFP to WHR    
      LFP Tracking Sheet    
HAB writes draft of memo to WHR indicating his position on a number of issues raised by WHR's draft and the memos of JPS and WJB. 03/14/85 Draft Memo HAB to WHR (and attached VLB Note)          
HAB asks VLB's opinion on draft memo and VLB says she agrees with it.   03/14/85 Draft Memo HAB to WHR (and attached VLB Note)          
HAB writes WHR expressing positions expressed in draft memo. 03/14/85 Memo HAB to WHR Memo HAB to WHR Memo HAB to WHR Memo HAB to WHR    
JPS circulates 1st draft dissent 03/18/85   JPS 1st Draft JPS 1st Draft* LFP Tracking Sheet    
WHR circulates 2nd draft of opinion 03/18/85   WHR 2nd Draft WHR 2nd Draft LFP Tracking Sheet    
WJB writes WHR that WJB will write opinion concurring in the judgment 03/22/85 Memo WJB to WHR Memo WJB to WHR Memo WJB to WHR Memo WJB to WHR    
      LFP Tracking Sheet    
WHR circulates 3rd draft of opinion 03/25/85   WHR 3rd Draft WHR 3rd Draft WHR 3rd Draft*    
      LFP Tracking Sheet    
WHR circulates 4th draft of opinion 03/27/85 WHR 4th Draft* WHR 4th Draft WHR 4th Draft LFP Tracking Sheet    
JPS circulates 2nd draft of dissent 03/29/85   JPS 2nd Draft JPS 2d Draft LFP Tracking Sheet    
JPS circulates 3rd draft of dissent 04/08/85 JPS 3rd Draft JPS 3rd Draft JPS 3rd Draft LFP Tracking Sheet    
WJB circulates 1st draft of concurrence in the judgment 05/21/85 WJB 1st Draft* WJB 1st Draft WJB 1st Draft* WJB 1st Draft*    
      LFP Tracking Sheet    
TM writes WJB that TM will join WJB concurrence 05/21/85 Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB    
VLB writes HAB recommending that he join WJB's concurrence but expressing concern about one sentence 05/21/85 Memo VLB to HAB          
WJB prepares 2nd draft of concurrence but may not have circulated it. 05/22/85 WJB 2nd Draft* WJB 2nd Draft   LFP Tracking Sheet    
WEB writes WHR saying that he will join WHR's opinion 05/24/85 Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR    
      LFP Tracking Sheet    
HAB writes WJB (no copies to conference) saying that although he is joining WJB's concurrence, he is concerned about a sentence in footnote 4.   05/28/85 Memo HAB to WJB Memo HAB to WJB        
VLB gives HAB a copy of WJB's 2nd draft concurrence which she obtained from WJB's clerk and writes HAB note about concurrence. 05/28/85 Memo VLB to HAB          
HAB writes WJB that HAB will join in WJB's concurrence 05/28/85 Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB    
      LFP Tracking Sheet    
WHR writes WJB that he does not intend to respond to WJB's concurrence. 05/28/85 Memo WHR to WJB Memo WHR to WJB Memo WHR to WJB      
LFP reviews and annotates WHR 3rd draft 05/29/85       WHR 3rd Draft*    
LFP reviews WJB 1st draft 05/29/85       WJB 1st Draft*    
WJB writes HAB that he has made the change in footnote 4 05/29/85 Memo WJB to HAB Memo WJB to HAB        
WJB circulates 3rd draft of concurrence in the judgment 05/29/85   WJB 3rd Draft WJB 3rd Draft      
WJB writes WHR that WJB  will change one sentence in his concurrence to indicate that he joins in Part II of WJB's opinion (as to why the court reaches the instructional issue)   05/30/85 Memo WJB to WHR Memo WJB to WHR Memo WJB to WHR Memo WJB to WHR    
      LFP Tracking Sheet    
WSM writes HAB discussing conversation with VLB and HCL about whether HAB will join new version of WJB's concurrence (i.e., part II of WHR's opinion) 05/30/85   Memo WJB to WHR        
WJB circulates unnumbered draft of opinion with change indicated in WJB's 5/30 memo 05/31/85   WJB unnumbered draft WJB unnumbered draft      
VLB writes HAB recommending that he join the new version of WJB's concurrence (i.e., part II of WHR's opinion) 05/31/85 Memo VLB to HAB          
Opinions handed down 06/03/85   WHR Opinion WHR Opinion   Docket  
  WJB Concurrence        
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Tuttle Timeline—Part 4  
After the Decision: Motion for Rehearing and Other Post-Decision Events  (6/3/85-8/14/85)  
    Documents  
Event Date HAB WJB TM LFP Other  
WHR circulates memo to conference re cases held for Tuttle 06/12/85 Memo WHR to Conf          
Petition for Rehearing filed 07/01/85         Docket  
PGC writes memo to pool re petition for rehearing recommending denial of rehearing. 08/05/85 Memo PGC to Conf          
BH writes HAB (notes on Pool memo) recommending denial of rehearing.   08/12/85 Memo HB to HAB          
Petition for Rehearing denied 08/14/85         Docket  
               
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Notes to Timeline Dates  
Date Explanation  
07/13/84 Approximate date based on date of pool memo and date LFP called for record.  
09/23/84 Approximate date based on the date of LFP's docket.  It could have happened before after or during the 9/24 cert conference but it seems most likely that it happened before or during it.    
09/24/84 LFP's docket is dated 9/24/84 but WJB's indicates a date of 10/1/84.  Since 10/1 was the summer announcement date, I assume LFP's date refers to the conference and WJB's to the announcement of the grant.  
01/07/85 Approximate date based on date of oral argument and date of HAB's pre-argument notes  
01/08/85 These notes were prepared before the merits conference (1/11) and probably at or after the day of argument (1/8).  
01/16/85 Approximate date of filing based on date of affidavit (1/15).  May be confirmed when complete docket is received  
02/16/85 Date approximate based on context.  May be later.    
05/22/85 Date of 2nd draft based on circulation stamp.  However, it does not appear in the files of TM or LFP and is not on LFP's tracking sheet.  There is a copy in HAB's files but there is an attached note from VLB to HAB saying that they did not have a copy until VLB requested it after a conversation with one of WJB's clerks.     
05/28/85 Approximate date of VLB note is based on the fact that HAB wrote WJB on 5/28 showing he was not aware of change and the fact that WJB wrote HAB on 5/29 saying that the change had been made.  The note could have been a day or two later.    
05/29/85 Date of review of WJB 1st draft based on date of notes on WHR's 3rd Draft together with note on WJB 1st draft indicating that LFP wanted to review the two opinions together.  
07/01/85 Approximate date based on 25 day deadline for filing petition for rehearing.  Could be somewhat earlier or later.  Will be confirmed when docket obtained.