|
|
|
|
|
|
|
|
|
|
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 |
|
|
|
|
|
|
|
|
|
|
|
|
|