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McDonough v. Smith

Docket No. Op. Below Argument Opinion Vote Author Term
18-485 2d Cir. TBD TBD TBD TBD OT 2018

Issue: Whether the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when those proceedings terminate in the defendant’s favor, as the majority of circuits have held, or whether it begins to run when the defendant becomes aware of the tainted evidence and its improper use, as the U.S. Court of Appeals for the 2nd Circuit held below.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 12 2018Petition for a writ of certiorari filed. (Response due November 15, 2018)
Nov 02 2018Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk.
Nov 06 2018Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2018.
Nov 15 2018Brief amici curiae of Criminal Defense Organizations, et al. filed.
Nov 15 2018Brief amicus curiae of Cause of Action Institute filed.
Nov 15 2018Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
Dec 07 2018Brief of respondent Youel Smith in opposition filed.
Dec 17 2018Letter waiving the 14-day waiting period under Rule 15.5 filed.
Dec 18 2018Reply of petitioner Edward G. McDonough filed.
Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 11 2019Petition GRANTED.
Term Snapshot