United States v. Davila

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-167	11th Cir.	Apr 15, 2013 Tr.Aud.	Jun 13, 2013	9-0	Ginsburg	OT 2012

Holding: When a federal judge participates in plea negotiations, contrary to Federal Rule of Criminal Procedure 11(c),the defendant's guilty plea does not need to be vacated if there is no evidence in the record of prejudice to the defendant’s decision to plead guilty.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 13, 2013. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.

SCOTUSblog Coverage

Opinion analysis: Court rules unanimously that federal judicial participation in guilty pleas is subject to harmless error review (Rory Little)
Details on United States v. Davila (Amy Howe)
Argument recap: Nothing surprising except who sits where (Rory Little)
Should judicial participation in plea discussions be automatically reversible? “No pressure” if the Justices stick to the Question Presented (Rory Little)
Three cases granted (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Jun 25 2012	Application (11A1243) to extend the time to file a petition for a writ of certiorari from July 5, 2012 to August 4, 2012, submitted to Justice Thomas.
Jun 26 2012	Application (11A1243) granted by Justice Thomas extending the time to file until August 4, 2012.
Aug 3 2012	Petition for a writ of certiorari filed. (Response due September 3, 2012)
Sep 19 2012	DISTRIBUTED for Conference of October 5, 2012.
Sep 20 2012	Response Requested . (Due October 22, 2012)
Oct 9 2012	Order extending time to file response to petition to and including November 30, 2012.
Nov 29 2012	Brief of respondent Anthony Davila in opposition filed.
Dec 11 2012	Reply of petitioner United States filed.
Dec 12 2012	DISTRIBUTED for Conference of January 4, 2013.
Jan 4 2013	Petition GRANTED.
Feb 11 2013	SET FOR ARGUMENT ON Monday, April 15, 2013
Feb 13 2013	Joint appendix filed. (Statement of costs filed.)
Feb 13 2013	Brief of petitioner United States filed.
Mar 1 2013	CIRCULATED.
Mar 4 2013	Record received from U.S.D.C. for Southern District of Georgia. (1 box) There are sealed documents in this record.
Mar 11 2013	Record received from U.S.C.A. for 11th Circuit.
Mar 15 2013	Brief of respondent Anthony Davila filed. (Distributed)
Mar 22 2013	Brief amici curiae of 57 Criminal Law and Procedure Professors filed. (Distributed)
Mar 22 2013	Brief amici curiae of Scholars and practitioners of legal and judicial ethics, et al. filed. (Distributed)
Mar 22 2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Apr 8 2013	Reply of petitioner United States filed. (Distributed)
Apr 15 2013	Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Robert M. Yablon, Washington, D. C.
Jun 13 2013	Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined.
Jul 15 2013	JUDGMENT ISSUED.
Jul 24 2013	Record returned to U.S.C.A. for 11th Circuit.
Jul 24 2013	Record returned to U.S.D.C. for the Southern District of Georgia.

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United States v. Davila

SCOTUSblog Coverage

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Holiday

Download our App in the Apple Store

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award