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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

Garner v. Colorado

Petition for certiorari denied on October 21, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
19-75 Colo. N/A N/A N/A N/A OT 2019

Issue: Whether the due process clause imposes any check on an eyewitness’s identification of a criminal defendant in the typically suggestive setting of trial when there was no police misconduct but there is nonetheless substantial reason to doubt that the witness would identify the defendant in a nonsuggestive setting.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 29 2019Application (18A1244) to extend the time to file a petition for a writ of certiorari from June 16, 2019 to July 17, 2019, submitted to Justice Sotomayor.
May 31 2019Application (18A1244) granted by Justice Sotomayor extending the time to file until July 17, 2019.
Jul 15 2019Petition for a writ of certiorari filed. (Response due August 14, 2019)
Jul 25 2019Motion to extend the time to file a response from August 14, 2019 to September 19, 2019, submitted to The Clerk.
Jul 25 2019Blanket Consent filed by Petitioner, James Garner.
Jul 26 2019Motion to extend the time to file a response is granted and the time is extended to and including September 19, 2019.
Jul 29 2019Blanket Consent filed by Respondent, Colorado.
Aug 14 2019Brief amici curiae of Scholars of Law, Psychology, Neuroscience, and other Fields filed.
Aug 14 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 19 2019Brief of respondent Colorado in opposition filed.
Sep 25 2019Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
Oct 01 2019Reply of petitioner James Garner filed.
Oct 02 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 21 2019Petition DENIED.
 
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