Skip to content

Garza v. Idaho

Docket No. Op. Below Argument Opinion Vote Author Term
17-1026 Idaho 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

DateProceedings and Orders (key to color coding)
01/23/2018Petition for a writ of certiorari filed. (Response due February 23, 2018)
02/21/2018Waiver of right of respondent State of Idaho to respond filed.
02/22/2018Brief amicus curiae of The Ethics Bureau at Yale filed.
02/22/2018Brief amicus curiae of Idaho Association of Criminal Defense Lawyers filed.
03/07/2018DISTRIBUTED for Conference of 3/23/2018.
03/08/2018Response Requested. (Due April 9, 2018)
03/16/2018Motion to extend the time to file a response from April 9, 2018 to June 8, 2018, submitted to The Clerk.
03/16/2018Response to motion to extend the time to file a response from petitioner Gilberto Garza, Jr. filed.
03/20/2018Motion to extend the time to file a response is granted in part, and the time is extended to and including May 15, 2018.
05/08/2018Brief of respondent State of Idaho in opposition filed.
05/21/2018Reply of petitioner Gilberto Garza, Jr. filed.
05/22/2018DISTRIBUTED for Conference of 6/7/2018.
06/11/2018DISTRIBUTED for Conference of 6/14/2018.
06/18/2018Petition GRANTED.
06/21/2018Motion for an extension of time to file the briefs on the merits filed.
07/03/2018Motion 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.
07/17/2018Motion to dispense with printing the joint appendix filed by petitioner Gilberto Garza, Jr.
08/10/2018Brief of petitioner Gilberto Garza, Jr. filed.
08/16/2018Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.
08/17/2018Brief amicus curiae of The Ethics Bureau at Yale filed.
08/17/2018Brief amicus curiae of Cato Institute filed.
08/20/2018SET FOR ARGUMENT on Tuesday, October 30, 2018
08/24/2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
09/10/2018Record requested from the Supreme Court of Idaho.
09/12/2018CIRCULATED
09/17/2018Brief of respondent State of Idaho filed. (Distributed)
09/24/2018Brief amicus curiae of United States filed. (Distributed)
09/24/2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/24/2018Brief amici curiae of Louisiana, et al. filed. (Distributed)
10/09/2018Motion 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.
10/17/2018Reply of petitioner Gilberto Garza, Jr. filed. (Distributed)
10/30/2018Argued. 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).
02/27/2019Judgment 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.
04/01/2019MANDATE ISSUED.
04/01/2019JUDGMENT ISSUED.