Record returned to Suffolk Superior Criminal Court.

Record returned to Appeals Court of Massachusetts.

MANDATE ISSUED. (orders list)

Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Stevens, Souter, Thomas, and Ginsburg, JJ., joined. Thomas, J., filed a concurring opinion. Kennedy, J., filed a dissenting opinion, in which Roberts, C. J., a

Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Martha Coakley, Attorney General, Boston, Mass.; and Lisa H. Schertler, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus

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

Reply of petitioner Luis E. Melendez-Diaz filed. (Distributed)

Record received from the Suffolk Superior Criminal Court. (1 envelope)

Letter, dated September 5, 2008, proposing to lodge non-record materials, namely, three letter responses containing statistics, submitted by counsel for the amici States.

Brief amici curiae of National District Attorneys Association, and District, Prosecuting, and County Attorneys filed. (Distributed)

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

Brief amicus curiae of United States filed. (Distributed)

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

Brief of respondent Massachusetts filed. (Distributed)

Record received from the Appeals Court of Massachusetts. (1 box)

SET FOR ARGUMENT ON Monday, November 10, 2008.

CIRCULATED.

Brief amicus curiae of National Innocence Network filed.

Brief amici curiae of Law Professors filed.

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

Brief amicus curiae of Richard D. Friedman filed.

Brief of petitioner Luis E. Melendez-Diaz filed.

Joint appendix filed (statement of costs received).

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including June 16, 2008.

The time within which to file respondent's brief on the merits is extended to and including September 2, 2008.

Motion for leave to file amici brief filed by Professors Pamela R. Metzger, et al. GRANTED. (orders list)

Petition GRANTED. (orders list)

Motion for leave to file amicus brief filed by Richard D. Friedman GRANTED. (orders list)

DISTRIBUTED for Conference of March 14, 2008.

Reply of petitioner Luis E. Melendez-Diaz filed. (Distributed)

Brief of respondent Massachusetts in opposition filed.

Order extending time to file response to petition to and including February 6, 2008.

Response Requested . (Due January 7, 2008)

DISTRIBUTED for Conference of January 4, 2008.

Motion for leave to file amici brief filed by Professors Pamela R. Metzger, et al. (Distributed)

Motion for leave to file amicus brief filed by Richard D. Friedman. (Distributed)

Waiver of right of respondent Massachusetts to respond filed.

Petition for a writ of certiorari filed. (Response due December 3, 2007)

Luis E. Melendez-Diaz, Petitioner, represented by Jeffrey L. Fisher

Massachusetts, Respondent, represented by James J. Arguin

Massachusetts, Respondent, represented by Martha Coakley

Massachusetts, Respondent, represented by Susanne G. Reardon

Alabama, et al., Amicus Curiae, represented by Corey L. Maze

Law Professors, Amicus Curiae, represented by Donald B. Ayer

Luis E. Melendez-Diaz v. Massachusetts, Amicus Curiae, represented by Lisa H. Schertler

National Association of Criminal Defense Lawyers, et al., Amicus Curiae, represented by David S. Petron

National District Attorneys Association, and District, Prosecuting, and County Attorneys, Amicus Curiae, represented by Mathias H. Heck Jr.

National Innocence Network, Amicus Curiae, represented by Timothy P. O'Toole

Richard D. Friedman, Amicus Curiae, represented by Richard D. Friedman

the United States, Amicus Curiae, represented by Elena Kagan