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McCoy v. Louisiana

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Docket No. Op. Below Argument Opinion Vote Author Term
16-8255 La. Jan 17, 2018 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

DateProceedings and Orders (key to color coding)
Mar 06 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2017)
Mar 24 2017Brief of respondent Louisiana in opposition filed.
Apr 10 2017Brief amicus curiae of The Ethics Bureau at Yale filed.
Apr 10 2017Brief amici curiae of The Louisiana Association of Criminal Defense Lawyers, et al. filed.
Apr 11 2017Reply of petitioner Robert Leroy McCoy filed. (Distributed)
Apr 13 2017DISTRIBUTED for Conference of April 28, 2017.
Apr 24 2017Record Requested.
Jun 12 2017Record received from the Supreme Court of Louisiana (6 boxes).
Jun 15 2017DISTRIBUTED for Conference of September 25, 2017.
Sep 28 2017Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Nov 13 2017Brief of petitioner Robert L.McCoy filed (to be corrected and reprinted).
Nov 13 2017Joint appendix filed (2 volumes). (Statement of costs filed)
Nov 13 2017Brief of petitioner Robert L. McCoy filed (Corrected brief received 1/10/18). (Distributed)
Nov 17 2017SET FOR ARGUMENT ON Wednesday, January 17, 2018
Nov 17 2017Brief amicus curiae of Cato Institute filed.
Nov 20 2017Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Nov 20 2017Brief amici curiae of Ten Law School Professors and the Ethics Bureau at Yale filed. (Distributed)
Nov 20 2017Brief amicus curiae of The Criminal Bar Association of England & Wales filed. (Distributed)
Nov 20 2017Brief amicus curiae of American Bar Association filed. (Distributed)
Nov 22 2017CIRCULATED.
Dec 13 2017Brief of respondent Louisiana filed. (Distributed)
Dec 18 2017Record requested from the Supreme Court of Louisiana.
Dec 20 2017Brief amici curiae of States of Alabama, Arkansas, Idaho, Indiana, Kansas, Montana, Nevada, South Carolina, Tennessee, Utah, and Wyoming filed. (Distributed)
Jan 05 2018Reply of petitioner Robert L.McCoy filed. (Distributed)
Jan 17 2018Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Elizabeth Murrill, Solicitor General of Louisiana, Baton Rouge, La.
May 14 2018Judgment 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 2018JUDGMENT ISSUED.
Jun 15 2018MANDATE ISSUED.
Jun 20 2018Record returned to the Supreme Court of Louisiana (6 boxes).