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McDonough v. Smith

Docket No. Op. Below Argument Opinion Vote Author Term
18-485 2d Cir. Apr 17, 2019 Jun 20, 2019 6-3 Sotomayor OT 2018

Holding: The statute of limitations for Edward McDonough's 42 U.S.C. § 1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor, that is, when he was acquitted at the end of his second trial.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 20, 2019. Justice Thomas filed a dissenting opinion, in which Justices Kagan and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/12/2018Petition for a writ of certiorari filed. (Response due November 15, 2018)
11/02/2018Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk.
11/06/2018Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2018.
11/15/2018Brief amici curiae of Criminal Defense Organizations, et al. filed.
11/15/2018Brief amicus curiae of Cause of Action Institute filed.
11/15/2018Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
12/07/2018Brief of respondent Youel Smith in opposition filed.
12/17/2018Letter waiving the 14-day waiting period under Rule 15.5 filed.
12/18/2018Reply of petitioner Edward G. McDonough filed.
12/19/2018DISTRIBUTED for Conference of 1/4/2019.
01/07/2019DISTRIBUTED for Conference of 1/11/2019.
01/11/2019Petition GRANTED.
02/11/2019SET FOR ARGUMENT on Wednesday, April 17, 2019
02/25/2019Brief of petitioner Edward G. McDonough filed.
02/25/2019Joint appendix filed.
02/26/2019Blanket Consent filed by Petitioner, Edward G. McDonough.
03/04/2019Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
03/04/2019Brief amicus curiae of Cause of Action Institute filed.
03/04/2019Brief amici curiae of Criminal Defense Organizations, et al. filed.
03/04/2019Brief amicus curiae of Constitutional Accountability Center filed.
03/04/2019Brief amicus curiae of United States filed.
03/04/2019Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed.
03/04/2019Brief amici curiae of Federal Court Scholars, et al. filed.
03/04/2019Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed.
03/04/2019Brief amicus curiae of The Innocence Network filed.
03/20/2019CIRCULATED
03/21/2019Record requested from the U.S.C.A. 2nd Circuit.
03/27/2019Brief of respondent Youel Smith filed. (Distributed)
04/02/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
04/03/2019Record received from the U.S.D.C. Northern District of New York is electronic.
04/03/2019Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
04/03/2019Brief amici curiae of Indiana, et al. filed. (Distributed)
04/03/2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
04/03/2019Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument filed.
04/03/2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
04/10/2019Reply of petitioner Edward G. McDonough filed. (Distributed)
04/12/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/12/2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
04/12/2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
04/12/2019Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
04/17/2019Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thomas J. O'Connor, Albany, N. Y.
06/20/2019Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kagan and Gorsuch, JJ., joined.
07/22/2019JUDGMENT ISSUED.