Garza v. Idaho
Docket No. | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|
17-1026 | Oct 30, 2018 | Feb 27, 2019 | 6-3 | Sotomayor | OT 2018 |
Holding: The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on February 27, 2019. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined and in which Justice Alito joined as to Parts I and II.
SCOTUSblog Coverage
- Opinion analysis: Defense lawyer's refusal to file requested appeal constitutes ineffective assistance, despite defendant's appeal waiver (Evan Lee, February 28, 2019)
- Argument analysis: Court skeptical that a lawyer may unilaterally countermand client's instruction to file a criminal appeal (Evan Lee, October 31, 2018)
- OT2018 #5: "Arbitration Nation" (First Mondays, October 31, 2018)
- Argument preview: Can a criminal defense lawyer refuse to file an appeal from a guilty plea because of an appeal waiver? (Corrected) (Evan Lee, October 23, 2018)
- Five new grants, one CVSG, but no Arlenes Flowers (Amy Howe, June 18, 2018)
- Petition of the day (Aurora Barnes, February 12, 2018)
Date | Proceedings and Orders |
---|---|
01/23/2018 | Petition for a writ of certiorari filed. (Response due February 23, 2018) |
02/21/2018 | Waiver of right of respondent State of Idaho to respond filed. |
02/22/2018 | Brief amicus curiae of The Ethics Bureau at Yale filed. |
02/22/2018 | Brief amicus curiae of Idaho Association of Criminal Defense Lawyers filed. |
03/07/2018 | DISTRIBUTED for Conference of 3/23/2018. |
03/08/2018 | Response Requested. (Due April 9, 2018) |
03/16/2018 | Motion to extend the time to file a response from April 9, 2018 to June 8, 2018, submitted to The Clerk. |
03/16/2018 | Response to motion to extend the time to file a response from petitioner Gilberto Garza, Jr. filed. |
03/20/2018 | Motion to extend the time to file a response is granted in part, and the time is extended to and including May 15, 2018. |
05/08/2018 | Brief of respondent State of Idaho in opposition filed. |
05/21/2018 | Reply of petitioner Gilberto Garza, Jr. filed. |
05/22/2018 | DISTRIBUTED for Conference of 6/7/2018. |
06/11/2018 | DISTRIBUTED for Conference of 6/14/2018. |
06/18/2018 | Petition GRANTED. |
06/21/2018 | Motion for an extension of time to file the briefs on the merits filed. |
07/03/2018 | Motion 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 August 10, 2018. The time to file respondent's brief on the merits is extended to and including September 17, 2018. |
07/17/2018 | Motion to dispense with printing the joint appendix filed by petitioner Gilberto Garza, Jr. |
08/10/2018 | Brief of petitioner Gilberto Garza, Jr. filed. |
08/16/2018 | Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed. |
08/17/2018 | Brief amicus curiae of The Ethics Bureau at Yale filed. |
08/17/2018 | Brief amicus curiae of Cato Institute filed. |
08/20/2018 | SET FOR ARGUMENT on Tuesday, October 30, 2018 |
08/24/2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
09/10/2018 | Record requested from the Supreme Court of Idaho. |
09/12/2018 | CIRCULATED |
09/17/2018 | Brief of respondent State of Idaho filed. (Distributed) |
09/24/2018 | Brief amicus curiae of United States filed. (Distributed) |
09/24/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
09/24/2018 | Brief amici curiae of Louisiana, et al. filed. (Distributed) |
10/09/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion. |
10/17/2018 | Reply of petitioner Gilberto Garza, Jr. filed. (Distributed) |
10/30/2018 | Argued. For petitioner: Amir H. Ali, Washington, D. C. For respondent: Kenneth K. Jorgensen, Lead Deputy Attorney General, Boise, Idaho; and Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). |
02/27/2019 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined, and in which Alito, J., joined as to Parts I and II. |
04/01/2019 | MANDATE ISSUED. |
04/01/2019 | JUDGMENT ISSUED. |