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Kaley v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
12-464 11th Cir. Oct 16, 2013 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

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