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Garza v. Idaho

Docket No. Op. Below Argument Opinion Vote Author Term
17-1026 Idaho Oct 30, 2018
Tr.Aud.
TBD TBD TBD OT 2018

Issue: Whether the “presumption of prejudice” recognized in Roe v. Flores-Ortega applies when a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant’s plea agreement included an appeal waiver.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 23 2018Petition for a writ of certiorari filed. (Response due February 23, 2018)
Feb 21 2018Waiver of right of respondent State of Idaho to respond filed.
Feb 22 2018Brief amicus curiae of The Ethics Bureau at Yale filed.
Feb 22 2018Brief amicus curiae of Idaho Association of Criminal Defense Lawyers filed.
Mar 07 2018DISTRIBUTED for Conference of 3/23/2018.
Mar 08 2018Response Requested. (Due April 9, 2018)
Mar 16 2018Motion to extend the time to file a response from April 9, 2018 to June 8, 2018, submitted to The Clerk.
Mar 16 2018Response to motion to extend the time to file a response from petitioner Gilberto Garza, Jr. filed.
Mar 20 2018Motion to extend the time to file a response is granted in part, and the time is extended to and including May 15, 2018.
May 08 2018Brief of respondent State of Idaho in opposition filed.
May 21 2018Reply of petitioner Gilberto Garza, Jr. filed.
May 22 2018DISTRIBUTED for Conference of 6/7/2018.
Jun 11 2018DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018Petition GRANTED.
Jun 21 2018Motion for an extension of time to file the briefs on the merits filed.
Jul 03 2018Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 10, 2018. The time to file respondent's brief on the merits is extended to and including September 17, 2018.
Jul 17 2018Motion to dispense with printing the joint appendix filed by petitioner Gilberto Garza, Jr.
Aug 10 2018Brief of petitioner Gilberto Garza, Jr. filed.
Aug 16 2018Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.
Aug 17 2018Brief amicus curiae of The Ethics Bureau at Yale filed.
Aug 17 2018Brief amicus curiae of Cato Institute filed.
Aug 20 2018SET FOR ARGUMENT on Tuesday, October 30, 2018
Aug 24 2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 10 2018Record requested from the Supreme Court of Idaho.
Sep 12 2018CIRCULATED
Sep 17 2018Brief of respondent State of Idaho filed. (Distributed)
Sep 24 2018Brief amicus curiae of United States filed. (Distributed)
Sep 24 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 24 2018Brief amici curiae of Louisiana, et al. filed. (Distributed)
Oct 09 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 17 2018Reply of petitioner Gilberto Garza, Jr. filed. (Distributed)
Oct 30 2018Argued. For petitioner: Amir H. Ali, Washington, D. C. For respondent: Kenneth K. Jorgensen, Lead Deputy Attorney General, Boise, Idaho; and Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
 
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