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United States v. Davila

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Docket No. Op. Below Argument Opinion Vote Author Term
12-167 11th Cir. Apr 15, 2013 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

DateProceedings and Orders (key to color coding)
Jun 25 2012Application (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 2012Application (11A1243) granted by Justice Thomas extending the time to file until August 4, 2012.
Aug 3 2012Petition for a writ of certiorari filed. (Response due September 3, 2012)
Sep 19 2012DISTRIBUTED for Conference of October 5, 2012.
Sep 20 2012Response Requested . (Due October 22, 2012)
Oct 9 2012Order extending time to file response to petition to and including November 30, 2012.
Nov 29 2012Brief of respondent Anthony Davila in opposition filed.
Dec 11 2012Reply of petitioner United States filed.
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 4 2013Petition GRANTED.
Feb 11 2013SET FOR ARGUMENT ON Monday, April 15, 2013
Feb 13 2013Joint appendix filed. (Statement of costs filed.)
Feb 13 2013Brief of petitioner United States filed.
Mar 1 2013CIRCULATED.
Mar 4 2013Record received from U.S.D.C. for Southern District of Georgia. (1 box) There are sealed documents in this record.
Mar 11 2013Record received from U.S.C.A. for 11th Circuit.
Mar 15 2013Brief of respondent Anthony Davila filed. (Distributed)
Mar 22 2013Brief amici curiae of 57 Criminal Law and Procedure Professors filed. (Distributed)
Mar 22 2013Brief amici curiae of Scholars and practitioners of legal and judicial ethics, et al. filed. (Distributed)
Mar 22 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Apr 8 2013Reply of petitioner United States filed. (Distributed)
Apr 15 2013Argued. 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 2013Judgment 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 2013JUDGMENT ISSUED.
Jul 24 2013Record returned to U.S.C.A. for 11th Circuit.
Jul 24 2013Record returned to U.S.D.C. for the Southern District of Georgia.