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McDonough v. Smith

Docket No. Op. Below Argument Opinion Vote Author Term
18-485 2d Cir. Apr 17, 2019 Jun 20, 2019 6-3 Sotomayor OT 2018

Holding: The statute of limitations for Edward McDonough"s 42 U. S. C. "1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor " that is, when he was acquitted at the end of his second trial.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 20, 2019. Justice Thomas filed a dissenting opinion, in which Justices Kagan and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/12/2018Petition for a writ of certiorari filed. (Response due November 15, 2018)
11/02/2018Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk.
11/06/2018Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2018.
11/15/2018Brief amici curiae of Criminal Defense Organizations, et al. filed.
11/15/2018Brief amicus curiae of Cause of Action Institute filed.
11/15/2018Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
12/07/2018Brief of respondent Youel Smith in opposition filed.
12/17/2018Letter waiving the 14-day waiting period under Rule 15.5 filed.
12/18/2018Reply of petitioner Edward G. McDonough filed.
12/19/2018DISTRIBUTED for Conference of 1/4/2019.
01/07/2019DISTRIBUTED for Conference of 1/11/2019.
01/11/2019Petition GRANTED.
02/11/2019SET FOR ARGUMENT on Wednesday, April 17, 2019
02/25/2019Brief of petitioner Edward G. McDonough filed.
02/25/2019Joint appendix filed.
02/26/2019Blanket Consent filed by Petitioner, Edward G. McDonough.
03/04/2019Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
03/04/2019Brief amicus curiae of Cause of Action Institute filed.
03/04/2019Brief amici curiae of Criminal Defense Organizations, et al. filed.
03/04/2019Brief amicus curiae of Constitutional Accountability Center filed.
03/04/2019Brief amicus curiae of United States filed.
03/04/2019Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed.
03/04/2019Brief amici curiae of Federal Court Scholars, et al. filed.
03/04/2019Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed.
03/04/2019Brief amicus curiae of The Innocence Network filed.
03/20/2019CIRCULATED
03/21/2019Record requested from the U.S.C.A. 2nd Circuit.
03/27/2019Brief of respondent Youel Smith filed. (Distributed)
04/02/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
04/03/2019Record received from the U.S.D.C. Northern District of New York is electronic.
04/03/2019Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
04/03/2019Brief amici curiae of Indiana, et al. filed. (Distributed)
04/03/2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
04/03/2019Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument filed.
04/03/2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
04/10/2019Reply of petitioner Edward G. McDonough filed. (Distributed)
04/12/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/12/2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
04/12/2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
04/12/2019Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
04/17/2019Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thomas J. O'Connor, Albany, N. Y.
06/20/2019Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kagan and Gorsuch, JJ., joined.
07/22/2019JUDGMENT ISSUED.