Decided

No. 18-485

Edward G. McDonough v. Youel Smith, Individually and as Special District Attorney for the County of Rensselaer, New York, aka Trey Smith

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kagan and Gorsuch, JJ., joined.

Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thomas J. O'Connor, Albany, N. Y.

Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument DENIED.

Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.

Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.

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

Reply of petitioner Edward G. McDonough filed. (Distributed)

Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument filed.

Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.

Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.

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

Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)

Record received from the U.S.D.C. Northern District of New York is electronic.

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

Brief of respondent Youel Smith filed. (Distributed)

Record requested from the U.S.C.A. 2nd Circuit.

CIRCULATED

Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed.

Brief amicus curiae of The Innocence Network filed.

Brief amici curiae of Federal Court Scholars, et al. filed.

Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed.

Brief amicus curiae of United States filed.

Blanket Consent filed by Petitioner, Edward G. McDonough.

Joint appendix filed.

Brief of petitioner Edward G. McDonough filed.

SET FOR ARGUMENT on Wednesday, April 17, 2019

Petition GRANTED.

DISTRIBUTED for Conference of 1/4/2019.

Reply of petitioner Edward G. McDonough filed.

Letter waiving the 14-day waiting period under Rule 15.5 filed.

Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.

Brief amicus curiae of Cause of Action Institute filed.

Brief amici curiae of Criminal Defense Organizations, et al. filed.

Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2018.

Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due November 15, 2018)

Parties

Edward G. McDonough, Petitioner, represented by Neal Kumar Katyal

Youel Smith, Respondent, represented by Thomas James O'Connor

Amici Curiae

Cause of Action Institute, Amicus Curiae, represented by John Julian Vecchione

Center on the Administration of Criminal Law at NYU School of Law, et al., Amicus Curiae, represented by Mark W. Mosier

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Criminal Defense Organizations, Civil Rights Organizations, and the Cato Institute, Amicus Curiae, represented by Robert Stanton Jones

Criminal Justice Institute of Harvard Law School, Amicus Curiae, represented by Ronald S. Sullivan Jr.

Federal Court Scholars, Leah Litman, James Pfander, Suzanna Sherry, Amanda Tyler, and Stephen Vladeck, Amicus Curiae, represented by Jonathan Loevy

Indiana, Arkansas, Louisiana, Nebraska, Ohio, South Carolina and Texas, Amicus Curiae, represented by Thomas M. Fisher

International Municipal Lawyers Association, National League of Cities, and U.S. Conference of Mayors, Amicus Curiae, represented by Geoffrey Paul Eaton

St. Thomas More Lawyers Guild of Rochester, New York, Amicus Curiae, represented by John M. Regan Jr.

THE INNOCENCE NETWORK, Amicus Curiae, represented by Benjamin Gruenstein

United States, Amicus Curiae, represented by Noel J. Francisco

 
Last updated: June 25, 2019