Editor's Note :

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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

McDonough v. Smith

Docket No. Op. Below Argument Opinion Vote Author Term
18-485 2d Cir. Apr 17, 2019
Tr.Aud. 		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)
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.
Feb 11 2019SET FOR ARGUMENT on Wednesday, April 17, 2019
Feb 25 2019Brief of petitioner Edward G. McDonough filed.
Feb 25 2019Joint appendix filed.
Feb 26 2019Blanket Consent filed by Petitioner, Edward G. McDonough.
Mar 04 2019Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
Mar 04 2019Brief amicus curiae of Cause of Action Institute filed.
Mar 04 2019Brief amici curiae of Criminal Defense Organizations, et al. filed.
Mar 04 2019Brief amicus curiae of Constitutional Accountability Center filed.
Mar 04 2019Brief amicus curiae of United States filed.
Mar 04 2019Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed.
Mar 04 2019Brief amici curiae of Federal Court Scholars, et al. filed.
Mar 04 2019Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed.
Mar 04 2019Brief amicus curiae of The Innocence Network filed.
Mar 20 2019CIRCULATED
Mar 21 2019Record requested from the U.S.C.A. 2nd Circuit.
Mar 27 2019Brief of respondent Youel Smith filed. (Distributed)
Apr 02 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 03 2019Record received from the U.S.D.C. Northern District of New York is electronic.
Apr 03 2019Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
Apr 03 2019Brief amici curiae of Indiana, et al. filed. (Distributed)
Apr 03 2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Apr 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.
Apr 03 2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Apr 10 2019Reply of petitioner Edward G. McDonough filed. (Distributed)
Apr 12 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 12 2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Apr 12 2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Apr 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.
Apr 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.
Jun 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.
Jul 22 2019JUDGMENT ISSUED.
 
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