Record returned to U.S.D.C. for Eastern District of California.

Rehearing DENIED. (orders list)

JUDGMENT ISSUED.

DISTRIBUTED.

Petition for Rehearing filed.

Adjudged to be AFFIRMED. Scalia, J., delivered the opinion for a unanimous Court with respect to all but footnote 1 and Part II-B. Roberts, C.J., and Kennedy, Thomas, and Alito, JJ., joined that opinion in full; Stevens, Souter, and Ginsburg, JJ., joine (orders list)

Adjudged to be AFFIRMED. Scalia, J., delivered the opinion for a unanimous Court with respect to all but footnote 1 and Part II-B. Roberts, C.J., and Kennedy, Thomas, and Alito, JJ., joined that opinion in full; Stevens, Souter, and Ginsburg, JJ., j... (orders list)

ARGUED. For Petitioner: Victor S. Haltom, Sacramento, California (30 minutes; Appointed by this Court). For respondent: Ross C. Moody, Deputy Attorney General, San Francisco, California (20 minutes); and Patricia A. Millett, Assistant to the Solic...

ARGUED. For Petitioner: Victor S. Haltom, Sacramento, California (30 minutes; Appointed by this Court). For respondent: Ross C. Moody, Deputy Attorney General, San Francisco, California (20 minutes); and Patricia A. Millett, Assistant to the Solicitor

Reply of petitioner John Francis Fry filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Brief amicus curiae of United States filed. (Distributed)

Brief amici curiae of Missouri, et al. filed. (Distributed) (TO BE RECOVERED).

Brief of respondent Cheryl K. Pliler, Warden filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)

Record received from U.S.D.C. for Eastern District of California (Sacramento). (2 boxes)

CIRCULATED.

Record received from U.S.C.A. for 9th Circuit. (1 envelope)

Brief amicus curiae of Innocence Network filed.

Brief of petitioner John Francis Fry filed.

Joint appendix filed.

SET FOR ARGUMENT ON Tuesday, March 20, 2007.

Motion to appoint counsel filed by petitioner GRANTED. Victor S. Haltom, Esquire, of Sacramento, California is appointed to serve as counsel for the petitioner. (orders list)

Motion DISTRIBUTED for Conference of January 12, 2007.

Motion to appoint counsel filed by petitioner John Francis Fry.

Motion to proceed in forma pauperis is granted and the petition for a writ of certiorari is GRANTED limited to Question 3 presented by the petition. (orders list)

DISTRIBUTED for Conference of December 7, 2006.

DISTRIBUTED for Conference of December 1, 2006.

DISTRIBUTED for Conference of November 21, 2006.

Reply of petitioner John Francis Fry filed. (Distributed)

Brief of respondent Cheryl K. Pliler, Warden in opposition filed.

Order extending time to file response to petition to and including November 1, 2006.

Response Requested . (Due October 2, 2006)

DISTRIBUTED for Conference of September 25, 2006.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2006)

John Francis Fry, Petitioner, represented by Victor S. Haltom

Cheryl K. Pliler, Warden, Respondent, represented by Ross C. Moody

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

Innocence Network, Amicus Curiae, represented by Lori R.E. Ploeger

Innocence Network, Amicus Curiae, represented by Lori R. Mason

Missouri, et al., Amicus Curiae, represented by James R. Layton

the United States, Amicus Curiae, represented by Paul D. Clement