Kaley v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-464	11th Cir.	Oct 16, 2013 Tr.Aud.	Feb 25, 2014	6-3	Kagan	OT 2013

Holding: When challenging the legality of a pre-trial asset seizure under 21 U.S.C. § 853(e)(1), a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury’s determination of probable cause to believe that he committed the crimes charged.

Judgment: Affirmed and remanded, 6-3, in an opinion by Justice Kagan on February 25, 2014. Chief Justice Roberts filed a dissenting opinion in which Justice Breyer and Justice Sotomayor joined.

SCOTUSblog Coverage

Opinion analysis: No right to challenge probable cause finding underlying asset freeze – even to pay your lawyers (Amy Howe)
Argument analysis: Asset forfeiture case is close call (Amy Howe)
Argument preview: Court to consider scope of challenges to asset freezes (Amy Howe)
Court grants three cases (FINAL UPDATE) (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Oct 11 2012	Petition for a writ of certiorari filed. (Response due November 14, 2012)
Nov 6 2012	Order extending time to file response to petition to and including December 14, 2012.
Nov 14 2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 5 2012	Order further extending time to file response to petition to and including January 14, 2013.
Jan 7 2013	Order further extending time to file response to petition to and including February 13, 2013.
Feb 13 2013	Brief of respondent United States filed.
Feb 27 2013	DISTRIBUTED for Conference of March 15, 2013.
Mar 18 2013	Petition GRANTED.
Apr 3 2013	The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 21, 2013.
Jun 13 2013	The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 1, 2013.
Jun 13 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 1 2013	Brief amicus curiae of Cato Institute filed.
Jul 1 2013	Brief of petitioners Kerri L. Kaley, et vir filed.
Jul 1 2013	Joint appendix filed. (Statement of costs filed.)
Jul 3 2013	Brief amicus curiae of California Attorneys for Criminal Justice filed.
Jul 5 2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 8 2013	Brief amicus curiae of American Bar Association filed.
Jul 8 2013	Brief amici curiae of Gun Owners Foundation, et al. filed.
Jul 8 2013	Brief amicus curiae of Institute for Justice filed.
Jul 8 2013	Brief amicus curiae of Florida Association of Criminal Defense Lawyers filed.
Jul 8 2013	Brief amicus curiae of New York Council of Defense Lawyers filed.
Jul 10 2013	The time to file respondent's brief on the merits is extended to and including August 30, 2013.
Jul 22 2013	CIRCULATED.
Jul 23 2013	SET FOR ARGUMENT on Wednesday, October 16, 2013.
Aug 16 2013	Record Received from U.S.C.A. for 11th Circuit (1 envelope)
Aug 22 2013	Record received from the U.S.D.C. of Florida (1 Box)
Aug 30 2013	Brief of respondent United States filed. (Distributed)
Sep 30 2013	Reply of petitioner Kerri L. Kaley, et vir filed. (Distributed)
Oct 16 2013	Argued. For petitioner: Howard Srebnick, Miami, Fla. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Feb 25 2014	Judgment is affirmed and case remanded. Kagan, J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, and Alito, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
Mar 31 2014	JUDGMENT ISSUED.
Mar 31 2014	Record Received from U.S.C.A. for 11th Circuit has been returned.
Mar 31 2014	Record received from United States District Court Southern District of Florida has been returned.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
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On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Kaley v. United States

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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