Records returned (3-boxes) to the United States District Court for the Northern District of Ohio.

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

JUDGMENT ISSUED.

Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Ginsburg, Alito, and Sotomayor, JJ., joined, and in which Stevens, J., joined as to Part III. Stevens, J., filed an opinion conc... (orders list)

Argued. For petitioner: Richard Cordray, Attorney General, Columbus, Ohio. For respondent: Michael J. Benza, Chagrin Falls, Ohio (Appointed by this Court.)

Motion to appoint counsel filed by respondent GRANTED. Michael J. Benza, Esquire, of Chagrin Falls, Ohio, is appointed to serve as counsel for the respondent in this case. (orders list)

Reply of petitioner Keith Smith, Warden filed. (Distributed)

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

Brief of respondent Frank G. Spisak, Jr. filed. (Distributed)

CIRCULATED.

SET FOR ARGUMENT ON Tuesday, October 13, 2009.

Motion DISTRIBUTED for Conference of September 29, 2009.

The time within which to file respondent's brief on the merits is extended to and including August 7, 2009.

Motion to appoint counsel filed by respondent Frank G. Spisak (CL Page 162)

Motion to appoint counsel filed by respondent Frank G. Spisak (Page 2) (CL Page 162)

Brief amici curiae of Pennsylvania, et al. filed.

Brief of petitioner Keith Smith, Warden filed.

Joint appendix filed. (2 Volumes). Statement of costs received.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including May 26, 2009.

Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)

Petition GRANTED. (orders list)

Record received from the U.S.D.C. for the Northern District of Ohio (Cleveland)

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

Record Requested .

DISTRIBUTED for Conference of February 20, 2009.

Reply of petitioner Kevin Smith, Warden filed. (Distributed)

Reply of petitioner Keith Smith, Warden filed. (Distributed)

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

Brief of respondent Frank G. Spisak, Jr. in opposition filed.

Petition for a writ of certiorari filed. (Response due January 5, 2009)

Appendix of Keith Smith, Warden filed.

Appendix of Kevin Smith, Warden filed.

Application (08A339) granted by Justice Stevens extending the time to file until December 10, 2008.

Application (08A339) to extend the time to file a petition for a writ of certiorari from October 26, 2008 to December 10, 2008, submitted to Justice Stevens.

Keith Smith, Warden, Petitioner, represented by Benjamin C. Mizer

Keith Smith, Warden, Petitioner, represented by Richard A. Cordray

Kevin Smith, Warden, Petitioner, represented by Benjamin C. Mizer

Frank G. Spisak, Jr., Respondent, represented by Michael J. Benza

Pennsylvania, et al., Amicus Curiae, represented by Amy Zapp

Steven Lubet, et al., Amicus Curiae, represented by Roy T. Englert Jr.