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Luis v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
14-419 11th Cir. Nov 10, 2015 Mar 30, 2016 5-3 Breyer OT 2015

Holding: The pretrial freeze of a criminal defendant's legitimate, untainted assets violates the Sixth Amendment right to counsel of choice.

Judgment: Vacated and remanded, 5-3, in an opinion by Justice Breyer on March 30, 2016. Justice Thomas filed an opinion concurring in the judgment. Justice Kennedy filed a dissenting opinion, in which Justice Alito joined. Justice Kagan filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
Oct 7 2014Petition for a writ of certiorari filed. (Response due November 10, 2014)
Oct 16 2014Waiver of right of respondent United States to respond filed.
Oct 20 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the petitioner.
Oct 22 2014DISTRIBUTED for Conference of November 7, 2014.
Oct 28 2014Response Requested . (Due November 28, 2014)
Nov 18 2014Order extending time to file response to petition to and including December 29, 2014.
Nov 26 2014Brief amici curiae of U.S. Justice Foundation, et al. filed.
Nov 28 2014Brief amici curiae of Associations of Criminal Defense Attorneys filed.
Dec 23 2014Order further extending time to file response to petition to and including February 27, 2015.
Feb 18 2015Order further extending time to file response to petition to and including March 30, 2015.
Mar 30 2015Brief of respondent United States in opposition filed.
Apr 15 2015DISTRIBUTED for Conference of May 1, 2015.
Apr 16 2015Reply of petitioner Sila Luis filed. (Distributed)
May 1 2015Rescheduled.
May 4 2015DISTRIBUTED for Conference of May 14, 2015.
May 18 2015DISTRIBUTED for Conference of May 21, 2015.
May 26 2015DISTRIBUTED for Conference of May 28, 2015.
Jun 1 2015DISTRIBUTED for Conference of June 4, 2015.
Jun 8 2015Petition GRANTED.
Jun 15 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015.
Jun 15 2015The time to file respondent's brief on the merits is extended to and including September 30, 2015.
Aug 4 2015Consent to the filing of amicus curiae briefs in support of either party, or of neither party, received from counsel for the petitioner.
Aug 18 2015Joint appendix filed. (Statement of costs filed)
Aug 18 2015Brief of petitioner Sila Luis filed.
Aug 25 2015Brief amici curiae of United States Justice Foundation, et al. filed.
Aug 25 2015Brief amici curiae of Cato Institute and the DKT Liberty Project filed.
Aug 25 2015Brief amici curiae of National Association of Criminal Defense Lawyers, et al.
Aug 25 2015Brief amicus curiae of Americans for Forfeiture Reform filed.
Aug 25 2015Brief amicus curiae of New York Council of Defense Lawyers filed.
Aug 25 2015Brief amicus curiae of American Bar Association filed.
Aug 25 2015Brief amicus curiae of Rutherford Institute filed.
Sep 9 2015SET FOR ARGUMENT on Tuesday, November 10, 2015
Sep 10 2015Record requested from the U.S.C.A. 11th Circuit.
Sep 21 2015Record received from the U.S.D.C. Southern District of Florida is electronic and located on PACER, with the exception of one SEALED Document. (1 envelope)
Sep 22 2015The record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Sep 30 2015Brief of respondent United States filed.
Oct 2 2015CIRCULATED
Oct 7 2015Brief amici curiae of National Association of State Legislators, et al. filed. (Distributed)
Oct 9 2015Motion of Americans for Forfeiture Reform out-of-time for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29 2015Reply of petitioner Sila Luis filed. (Distributed)
Oct 30 2015Motion of Americans for Forfeiture Reform out-of-time for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Nov 10 2015Argued. For petitioner: Howard Srebnick, Miami, Fla. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Mar 30 2016Judgment VACATED and case REMANDED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Ginsburg and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Kennedy, J., filed a dissenting opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion.
May 2 2016JUDGMENT ISSUED
Jul 26 2016Records from U.S.D.C. Southern Dist. of Florida has been returned.