Decided

No. 20-826

Mike Brown, Acting Warden v. Ervine Davenport

from the United States Court of Appeals for the Sixth Circuit

See other cases from the Sixth Circuit.

Docket Entries

Judgment Issued

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

Argued. For petitioner: Fadwa A. Hammoud, Solicitor General, Lansing, Mich. For respondent: Tasha Bahal, Boston, Mass.

Reply of petitioner Mike Brown, Acting Warden filed. (Distributed)

CIRCULATED

Brief of respondent Ervine Davenport filed.

Record received from the U.S.C.A. 6th Circuit has been electronically filed.

Record requested from the U.S.C.A. 6th Circuit.

ARGUMENT SET FOR Tuesday, October 5, 2021.

Corrected Certificate of Word Compliance filed with respect to amici curiae of Jonathan F. Mitchell and Adam K. Mortara.

Brief amici curiae of Jonathan F. Mitchell & Adam K. Mortara filed.

Brief amici curiae of States of Arkansas, et al. filed.

Brief amicus curiae of Criminal Justice Legal Foundation filed.

Joint appendix volume I, II, and III filed. (Statement of costs filed)

Brief of petitioner Mike Brown, Acting Warden filed.

Blanket Consent filed by Petitioner, Mike Brown, Acting Warden

Petition GRANTED.

DISTRIBUTED for Conference of 3/26/2021.

Reply of petitioner Mike Brown, Acting Warden filed. (Distributed)

Brief of respondent Ervine Davenport in opposition filed.

Application (20A116) granted by the Court. The application to recall and stay the mandate, presented to Justice Kavanaugh and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Sixth Circuit in case No. 17-2267 is recalled and stayed pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor would deny the application.

Application (20A116) referred to the Court.

Letter of applicant Mike Brown, Acting Warden received.

Reply of applicant Mike Brown, Acting Warden filed.

Response to application from respondent Ervine Davenport filed.

Motion to extend the time to file a response to the petition for a writ of certiorari is granted and the time is extended to and including February 18, 2021.

Response to application (20A116) requested by Justice Kavanaugh, due Tuesday, January 12, 2021, by 4 p.m. ET.

Motion to extend the time to file a response to the petition for a writ of certiorari from January 19, 2021 to February 18, 2021, submitted to The Clerk.

Application (20A116) to recall and stay mandate, submitted to Justice Kavanaugh.

Petition for a writ of certiorari filed. (Response due January 19, 2021)

Parties

Mike Brown, Acting Warden, Petitioner, represented by Fadwa A. Hammoud

Ervine Davenport, Respondent, represented by Tasha Joy Bahal

Amici Curiae

Jonathan F. Mitchell & Adam K. Mortara, Amicus Curiae, represented by Taylor Ann Rausch Meehan

States of Arkansas, et al., Amicus Curiae, represented by Nicholas Jacob Bronni

 
Last updated: April 26, 2024