Record returned (1-box) to the United States District Court for the Western District of Michigan.

Record returned (1-box) to the United States Court of Appeals for the Sixth Circuit.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.

Argued. For petitioner: B. Eric Restuccia, Solicitor General, Lansing, Mich. For respondent: James Sterling Lawrence, Royal Oak, Mich.

Reply of petitioner Mary Berghuis, Warden filed. (Distributed)

Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (Distributed)

Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)

Brief amici curiae of Charles Hamilton Houston Institute for Race & Justice, et al. filed. (Distributed)

Brief amici curiae of Social Scientists, Statisticians, and Law Professors, Jeffrey Fagan, et al. filed. (Distributed)

Record received from U.S.D.C. for Western District of Michigan (Southern Div)

Brief of respondent Diapolis Smith filed. (Distributed)

Record for U.S.D.C. for Western District of Michigan is electronic.

Extension of time within which to file respondent's brief on the merits to and including December 18, 2009.

Motion for leave to proceed in forma pauperis filed by respondent Diapolis Smith.

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

Brief amici curiae of Connecticut, et al. filed. (Distributed)

Record received from the U.S.C.A. for Sixth Circuit. (1 box)

CIRCULATED.

Joint appendix filed. (Statement of costs received)

Brief of petitioner Mary Berghuis, Warden filed.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including November 17, 2009.

SET FOR ARGUMENT ON Wednesday, January 20, 2010.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of September 29, 2009.

DISTRIBUTED for Conference of September 29, 2009 (Pag (CL Page 8).

Reply of petitioner Mary Berghuis, Warden filed.

Brief amici curiae of Connecticut, and Six Other States filed.

Brief of respondent Diapolis Smith in opposition filed.

Petition for a writ of certiorari filed. (Response due June 15, 2009)

Mary Berghuis, Warden, Petitioner, represented by B. Eric Restuccia

Diapolis Smith, Respondent, represented by James Sterling Lawrence

Charles Hamilton Houston Institute for Race & Justice, et al., Amicus Curiae, represented by Michael B. de Leeuw

Connecticut, and Six Other States, Amicus Curiae, represented by Michael Edward O'Hare

Connecticut, et al., Amicus Curiae, represented by Michael Edward O'Hare

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

NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by Christina Swarns

National Association of Criminal Defense Lawyers, et al., Amicus Curiae, represented by Clifford M. Sloan

Social Scientists, Statisticians, and Law Professors, Jeffrey Fagan, et al., Amicus Curiae, represented by Erik Levin