Appeals in the News- early January

It has been a busy start to 2013 for appeals in the news.

Death Row Inmates Not Entitled to Indefinite Stays of Appeals

In Ryan v. Gonzales, U.S. Supreme Court, No. 10-930; and Tibbals v. Carter, U.S. Supreme Court, No. 11-218, the Supreme Court held that death row defendants are not entitled to have their appeals indefinitely delayed until the defendants are judged competent to assist in their defense.

Stem Cell Research

The Supreme Court denied cert in a case challenging the use of embryonic stem cell research, thereby leaving in place the decision of the D.C. Circuit Sherley v. Sebelius, 644 F.3d 388 (D.C. Cir. 2011). The D.C. Circuit overturned a preliminary injunction preventing the National Institutes of Health from funding research using human embryonic stem cells. Although groups have touted the Supreme Court’s cert denial as a victory for science, it should be noted that a denial of cert does not endorse the Circuit Court’s holding, the denial simply is a refusal to intervene.

Justice Thomas Speaks

Justice Clarence Thomas broke his famous (or infamous, depending on who you ask) seven-year silence during oral arguments. He did not ask a question but made a comment during oral argument in the matter of Boyer v. Louisiana. Although it is not entirely clear what Justice Thomas said, it appears that it was a light-hearted comment regarding Yale University, Justice Thomas’s alma mater.

The New York Times’ article on Justice Thomas’s comment contains a brief overview of some of his reasons for not asking questions during oral argument.

Oral Argument on Same-Sex Marriage

Finally, the Supreme Court announced that it will hear appeals involving same-sex marriage laws on March 26, 2013. These arguments will no doubt generate considerable publicity and public debate over the coming months.

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

Privacy Policy

Terms of Use

ADA Compliance

Transparency Cover Rule: Machine-Readable Files

Contact Us
My name is
and I am a(n)
seeking legal counsel in the area of 
me at
as soon as you can.

Thank you for contacting us!

A representative will be in touch with you shortly.

An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.