Chaidez v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-820 | 7th Cir. | Nov 1, 2012 | Feb 20, 2013 | 7-2 | Kagan | OT 2012 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the petitioner in this case.
Holding: The Court"s decision in Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review.
Judgment: Affirmed, 7-2, in an opinion by Justice Kagan on February 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.
SCOTUSblog Coverage
- Opinion recap: Court refuses to apply Padilla v. Kentucky retroactively (Kevin Johnson, February 22, 2013)
- Academic highlight: Looking at Padilla and its impact (Amanda Frost, November 2, 2012)
- Argument recap: A lawyers puzzle -- The retroactive impact of Padilla v. Kentucky (Kevin Johnson, November 2, 2012)
- Court cancels Tuesday sitting (Lyle Denniston, October 29, 2012)
- Argument preview: The retroactive application of Padilla v. Kentucky (Kevin Johnson, October 25, 2012)
- New look at lawyers' advice (Lyle Denniston, April 30, 2012)
- Petition of the day (Kali Borkoski, February 9, 2012)
| Date | Proceedings and Orders |
|---|---|
| 12/23/2011 | Petition for a writ of certiorari filed. (Response due January 30, 2012) |
| 01/25/2012 | Order extending time to file response to petition to and including February 29, 2012. |
| 01/30/2012 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 01/30/2012 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| 02/23/2012 | Order further extending time to file response to petition to and including March 30, 2012. |
| 03/30/2012 | Brief of respondent United States filed. |
| 04/11/2012 | DISTRIBUTED for Conference of April 27, 2012. |
| 04/11/2012 | Reply of petitioner Roselva Chaidez filed. (Distributed) |
| 04/30/2012 | Petition GRANTED. |
| 06/05/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 16, 2012. |
| 06/05/2012 | The time to file respondent's brief on the merits is extended to and including September 14, 2012. |
| 06/15/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 07/02/2012 | Motion to dispense with printing the joint appendix filed by petitioner Roselva Chaidez. |
| 07/16/2012 | Brief of petitioner Roselva Chaidez filed. |
| 07/23/2012 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 07/23/2012 | Brief amici curiae of Active and Former State and Federal Prosecutors filed. |
| 07/23/2012 | Brief amicus curiae of National Association of Federal Defenders filed. |
| 07/23/2012 | Brief amici curiae of Habeas Scholars and Constitutional Accountability Center filed. |
| 07/23/2012 | Brief amicus curiae of American Immigration Lawyers Association filed. |
| 07/23/2012 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 07/23/2012 | SET FOR ARGUMENT ON Tuesday, October 30, 2012 |
| 08/02/2012 | CIRCULATED |
| 08/07/2012 | Record from U.S.C.A. fo 7th Circuit is electronic. |
| 08/15/2012 | Record from U.S.D.C. for Northern District of Illinois is electronic and is available on PACER. There are sealed documents in this record. |
| 09/14/2012 | Brief of respondent United States filed. (Distributed) |
| 09/21/2012 | Brief amici curiae of New Jersey, et al. filed. (Distributed) |
| 09/21/2012 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 10/15/2012 | Reply of petitioner Roselva Chaidez filed. (Distributed) |
| 10/29/2012 | RESET FOR ARGUMENT ON Thursday, November 1, 2012. |
| 11/01/2012 | Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 02/20/2013 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Breyer, and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. |
| 03/25/2013 | JUDGMENT ISSUED. |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the petitioner in this case.
Holding: The Court”s decision in”Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review.
Judgment:”Affirmed, 7-2, in an opinion by Justice Kagan on February 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.