|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-361||11th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on a cert-stage amicus brief in support of the petitioners in this case.
Issues: (1) Whether the government makes a good-faith effort to obtain a witness’s presence at trial if it curtails its search for that witness because it already has the witness’s deposition testimony; (2) whether the government makes a good-faith effort to obtain a witness’s presence at trial if it forgoes an “easy” investigative step that it has “reason to believe” would procure the absent witness; and (3) whether a witness is “unavailable” if the government releases the witness from its custody without making any arrangements to secure the witness’s presence at trial.
|Date||Proceedings and Orders |
|Sep 18 2019||Petition for a writ of certiorari filed. (Response due October 18, 2019)|
|Oct 09 2019||Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.|
|Oct 10 2019||Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.|
|Oct 10 2019||Blanket Consent filed by Petitioner, Renado Smith, et al.|
|Oct 18 2019||Brief amici curiae of Criminal Defense Organizations filed.|
|Oct 18 2019||Brief amicus curiae of The Constitution Project at the Project On Government Oversight filed.|
|Oct 18 2019||Brief amicus curiae of Florida Association for Criminal Defense Lawyers filed.|
|Oct 28 2019||Motion to extend the time to file a response from November 18, 2019 to December 9, 2019, submitted to The Clerk.|
|Oct 29 2019||Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2019.|
|Dec 09 2019||Brief of respondent United States of America in opposition filed.|
|Dec 23 2019||DISTRIBUTED for Conference of 1/10/2020.|
|Dec 23 2019||Reply of petitioners Renado Smith, et al. filed. (Distributed)|
|Jan 13 2020||Petition DENIED.|
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf
JUST IN: The Supreme Court DENIES Arizona GOP chair Kelli Ward's bid to block the Jan. 6 committee from reviewing her phone records. Clarence Thomas and Samuel Alito dissent from the court's brief, unexplained order denying Ward's request.
NEW: Another fight on the shadow docket over a subpoena seeking information about election interference. Arizona GOP chairwoman Kelli Ward is asking SCOTUS to block the Jan. 6 committee's subpoena for her phone records. Here's Ward's filing: https://www.scotusblog.com/wp-content/uploads/2022/10/22A350.pdf