McCoy v. Louisiana
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-8255 | La. |
Jan 17, 2018 Tr.Aud. |
May 14, 2018 | 6-3 | Ginsburg | OT 2017 |
Holding: The Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Ginsburg on May 14, 2018. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.
SCOTUSblog Coverage
- The Annual: OT2017 in Review (First Mondays)
- OT2017 #25: "The Way The Chief Loves Mootness" (First Mondays)
- Opinion analysis: Court rules for death-row inmate whose lawyer conceded guilt (Updated) (Amy Howe)
- Argument analysis: Concern for death-row inmate's rights likely to trump line-drawing worries (Amy Howe)
- OT2017 #11: "Numbing Effect" (First Mondays)
- Argument preview: When a defendant in a capital case says “not guilty,” can his attorney say “guilty”? (Amy Howe)
- Justices release January calendar (Amy Howe)
- Justices issue orders from "long conference" (UPDATED) (Amy Howe)
| Date | Proceedings and Orders |
|---|---|
| Mar 06 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2017) |
| Mar 24 2017 | Brief of respondent Louisiana in opposition filed. |
| Apr 10 2017 | Brief amicus curiae of The Ethics Bureau at Yale filed. |
| Apr 10 2017 | Brief amici curiae of The Louisiana Association of Criminal Defense Lawyers, et al. filed. |
| Apr 11 2017 | Reply of petitioner Robert Leroy McCoy filed. (Distributed) |
| Apr 13 2017 | DISTRIBUTED for Conference of April 28, 2017. |
| Apr 24 2017 | Record Requested. |
| Jun 12 2017 | Record received from the Supreme Court of Louisiana (6 boxes). |
| Jun 15 2017 | DISTRIBUTED for Conference of September 25, 2017. |
| Sep 28 2017 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition. |
| Nov 13 2017 | Brief of petitioner Robert L.McCoy filed (to be corrected and reprinted). |
| Nov 13 2017 | Joint appendix filed (2 volumes). (Statement of costs filed) |
| Nov 13 2017 | Brief of petitioner Robert L. McCoy filed (Corrected brief received 1/10/18). (Distributed) |
| Nov 17 2017 | SET FOR ARGUMENT ON Wednesday, January 17, 2018 |
| Nov 17 2017 | Brief amicus curiae of Cato Institute filed. |
| Nov 20 2017 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Nov 20 2017 | Brief amici curiae of Ten Law School Professors and the Ethics Bureau at Yale filed. (Distributed) |
| Nov 20 2017 | Brief amicus curiae of The Criminal Bar Association of England & Wales filed. (Distributed) |
| Nov 20 2017 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Nov 22 2017 | CIRCULATED. |
| Dec 13 2017 | Brief of respondent Louisiana filed. (Distributed) |
| Dec 18 2017 | Record requested from the Supreme Court of Louisiana. |
| Dec 20 2017 | Brief amici curiae of States of Alabama, Arkansas, Idaho, Indiana, Kansas, Montana, Nevada, South Carolina, Tennessee, Utah, and Wyoming filed. (Distributed) |
| Jan 05 2018 | Reply of petitioner Robert L.McCoy filed. (Distributed) |
| Jan 17 2018 | Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Elizabeth Murrill, Solicitor General of Louisiana, Baton Rouge, La. |
| May 14 2018 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. |
| Jun 15 2018 | JUDGMENT ISSUED. |
| Jun 15 2018 | MANDATE ISSUED. |
| Jun 20 2018 | Record returned to the Supreme Court of Louisiana (6 boxes). |
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