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Ramos v. Louisiana

Docket No. Op. Below Argument Opinion Vote Author Term
18-5924 La. Ct. App. Oct 7, 2019 Apr 20, 2020 6-3 Gorsuch OT 2019

Holding: The Sixth Amendment right to a jury trial, as incorporated against the states, requires a unanimous verdict to convict a defendant of a serious offense.

Judgment: Reversed, 6-3, in an opinion by Justice Gorsuch on April 20, 2020. Justice Gorsuch delivered the opinion of the court with respect to Parts I, II–A, III, and IV–B–1, in which Justices Ginsburg, Breyer, Sotomayor and Kavanaugh joined; an opinion with respect to Parts II–B, IV–B–2, and V, in which Justices Ginsburg, Breyer and Sotomayor joined; and an opinion with respect to Part IV–A, in which Justices Ginsburg and Breyer joined. Justice Sotomayor filed an opinion concurring as to all but Part IV–A. Justice kavanaugh filed an opinion concurring in part. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts joined, and in which Justice Kagan joined as to all but Part III–D.

DateProceedings and Orders (key to color coding)
Sep 07 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2018)
Sep 20 2018Waiver of right of respondent Louisiana to respond filed.
Sep 27 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 09 2018Response Requested. (Due November 8, 2018)
Nov 08 2018Brief of respondent Louisiana in opposition filed.
Nov 27 2018Reply of petitioner Evangelisto Ramos filed. (Distributed)
Nov 29 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Mar 22 2019Motion to appoint counsel filed by petitioner Evangelisto Ramos.
Apr 03 2019Motion for an extension of time to file the briefs on the merits filed.
Apr 03 2019Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2019. The time to file respondent's brief on the merits is extended to and including August 16, 2019.
Apr 10 2019DISTRIBUTED for Conference of 4/26/2019.
Apr 29 2019Motion to appoint counsel filed by petitioner GRANTED, and G. Ben Cohen, Esq., of New Orleans, Louisiana, is appointed to serve as counsel for petitioner in this case.
Jun 11 2019Joint appendix filed. (Statement of costs filed)
Jun 11 2019Brief of petitioner Evangelisto Ramos filed.
Jun 17 2019Brief amicus curiae of The Rutherford Institute filed.
Jun 18 2019Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jun 18 2019Brief amicus curiae of American Bar Association filed.
Jun 18 2019Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Jun 18 2019Brief amici curiae of Law Professors and Social Scientists filed.
Jun 18 2019Amicus brief of Prominent Current and Former State Executive and Judicial Officers, Law Professors, and the OCDLA not accepted for filing. (June 20, 2019)(Corrected version submitted)
Jun 18 2019Brief amici curiae of Prominent Current and Former State Executive and Judicial Officers, Law Professors, and the OCDLA filed.
Jun 18 2019Brief amicus curiae of Institute for Justice filed.
Jun 18 2019Brief amici curiae of State of New York et al. filed.
Jun 18 2019Brief amici curiae of Innocence Project New Orleans and The Innocence Project filed.
Jun 18 2019Brief amici curiae of American Civil Liberties Union and the ACLU Foundation of Louisiana filed (To be recovered-- case No. noted should read 18-5924 rather than 18-5942.)
Jul 01 2019SET FOR ARGUMENT on Monday, October 7, 2019.
Aug 01 2019CIRCULATED
Aug 16 2019Brief of respondent Louisiana filed. (Distributed)
Aug 16 2019Record requested from the Court of Appeal of Louisiana, 4th Circuit.
Aug 23 2019Amicus brief of State of Oregon not accepted for filing. (August 26, 2019) (Duplicate efiling)
Aug 23 2019Brief amicus curiae of State of Oregon filed. (Distributed)
Aug 23 2019Brief amici curiae of State of Utah, et al. filed. (Distributed)
Sep 06 2019Reply of petitioner Evangelisto Ramos filed. (Distributed)
Sep 20 2019Record received from the Court of Appeal of Louisiana, 4th Circuit (1 box of filings, 1 box of posterboard exhibits, and 2 CD's of exhibits in electronic format).
Oct 07 2019Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Elizabeth Murrill, Solicitor General, Baton Rouge, La.
Apr 20 2020Judgment REVERSED. Gorsuch, J., announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, II–A, III, and IV–B–1, in which Ginsburg, Breyer, Sotomayor, and Kavanaugh, JJ., joined, an opinion with respect to Parts II–B, IV–B–2, and V, in which Ginsburg, Breyer, and Sotomayor, JJ., joined, and an opinion with respect to Part IV–A, in which Ginsburg and Breyer, JJ., joined. Sotomayor, J., filed an opinion concurring as to all but Part IV–A. Kavanaugh, J., filed an opinion concurring in part. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., joined, and in which Kagan, J., joined as to all but Part III–D.
May 22 2020MANDATE ISSUED
May 22 2020JUDGMENT ISSUED
Jan 11 2023Record returned to the Court of Appeal of Louisiana, 4th Circuit (1 box of filings, 1 box of posterboard exhibits, and 2 CD's of exhibits in electronic format).