November 15, 2010
The Clerk of the Court issues a denial of Byron's motion. The Supreme Court's refusal to hear the case is not unsual and has no bearing on its factual or legal merits.
Another FBC ad appears in FOUND Magazine, this one with a lovely smiling picture of Byron's recent visit with FOUND's Sarah Locke. Thanks again to the generous hearts at FOUND.
October 13, 2010
Byron files a motion for rehearing, imploring the U.S. Supreme Court to give his petition its due consideration.
October 4, 2010
On the very first day of its new session, the Supreme Court issues a denial of Byron's petition for a Writ of Certiorari. Given the content of the petition and the time taken by the Court to deny it, it clearly was one of the 99% of petitions that are denied without being read or considered. This is justice in America: a lottery ticket.
July 29, 2010
The Office of the Missouri Attorney General files a waiver with the Supreme Court, declining to respond to Byron's petition. If the Court decides to hear the case, Assistant Attorney General Andrew Hassell will still argue against Byron's claims; waiving Missouri's response now does not indicate the State's indifference to the matter.
July 9, 2010
Byron Case v. Larry Denny, Warden is docketed as United States Supreme Court case number 10-5322.
July 1, 2010
Byron files his petition for a Writ of Certiorari from the U.S. Supreme Court. In it, he presents the court four questions, essentially: whether the Eighth Circuit's judgement to deny him a Certificate of Appealability is in conflict with existing precedent, since the so-called "tacit admission rule" was improperly applied; whether the Eighth Circuit erred in denying Byron's Certificate of Appealability, based on the violation of his Fifth Ammendment rights when his silence was framed as evidence of guilt; whether the split amongst federal circuit courts on the issue of tacit admission can be allowed to stand; and whether using one's pre-arrest silence as evidence of that person's guilt is indeed unconstitutional. The petition runs to twenty pages.
April 6, 2010
The Eighth Circuit denies Byron's request for a rehearing. His available post-conviction remedies at the state level, procedurally speaking, are now used up. The final remaining procedural option lies in the Supreme Court of the United States. Fortunately, even if Byron's petition isn't granted, his "actual innocence" claim under Missouri's Court Rule 91 remains an option, as does an application for pardon by the governor.
March 5, 2010
Byron files his pro se Petition for Rehearing with the Eighth Circuit Court of Appeals, challenging the Court on its obvious failure to comply with the standard of review ("obvious" in that there is no way the Court could have made the required thorough review of the file, given the file's size and the short amount of time the Court took to deny him a Certificate of Appealability).
February 26, 2010
Byron grants his first interview in eight years, appearing live on air with his mother, to discuss his case, the Skeptical Jurorbook, the law, and the overall experience of imprisonment. The invitation to appear was from KKFI's Sharon Lockhart, host of the station's "Every Woman" program. Thanks again, Sharon!
February 13, 2010
UMKC's Professor Kowaluk has Evelyn Case again speak to his class about Byron's case, this time with copies of J. Bennett Allen's The Skeptical Juror in hand for the students.
February 11, 2010
The book The Skeptical Juror and the Trial of Byron Case is available for purchase online from Amazon. At long last, a reasoned and fair assessment of the treatment Byron received in the justice system! See skepticaljuror.com for more information.