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McDonough v. Smith

Docket No. Op. Below Argument Opinion Vote Author Term
18-485 2d Cir. Apr 17, 2019
Tr.Aud.
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.
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.
 
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