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Ramos v. Louisiana

Docket No.18-5924
Op. BelowLa. Ct. App.
ArgumentOct 7, 2019

Holding

The Sixth Amendment right to a jury trial, as incorporated against the states, requires a unanimous verdict to convict a defendant of a serious offense.

Judgment

Reversed, 6-3, in an opinion by Neil Gorsuch on Apr 20, 2020. Justice Gorsuch delivered the opinion of the court with respect to Parts I, II-A, III, and IV-B-1, in which Justices Ginsburg, Breyer, Sotomayor and Kavanaugh joined; an opinion with respect to Parts II-B, IV-B-2, and V, in which Justices Ginsburg, Breyer and Sotomayor joined; and an opinion with respect to Part IV-A, in which Justices Ginsburg and Breyer joined. Justice Sotomayor filed an opinion concurring as to all but Part IV-A. Justice Kavanaugh filed an opinion concurring in part. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts joined, and in which Justice Kagan joined as to all but Part III-D.

Proceedings & orders timeline

Sep 7, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2018)
Sep 20, 2018
Waiver of right of respondent Louisiana to respond filed.
Sep 27, 2018
DISTRIBUTED for Conference of 10/12/2018.
Oct 9, 2018
Response Requested. (Due November 8, 2018)
Nov 8, 2018
Brief of respondent Louisiana in opposition filed.
Nov 27, 2018
Reply of petitioner Evangelisto Ramos filed. (Distributed)
Nov 29, 2018
DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019
DISTRIBUTED for Conference of 1/11/2019.
Jan 14, 2019
DISTRIBUTED for Conference of 1/18/2019.
Feb 4, 2019
DISTRIBUTED for Conference of 2/15/2019.
Feb 19, 2019
DISTRIBUTED for Conference of 2/22/2019.
Feb 25, 2019
DISTRIBUTED for Conference of 3/1/2019.
Mar 11, 2019
DISTRIBUTED for Conference of 3/15/2019.
Mar 18, 2019
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Mar 22, 2019
Motion to appoint counsel filed by petitioner Evangelisto Ramos.
Apr 3, 2019
Motion for an extension of time to file the briefs on the merits filed.
Apr 3, 2019
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 June 11, 2019. The time to file respondent's brief on the merits is extended to and including August 16, 2019.
Apr 10, 2019
DISTRIBUTED for Conference of 4/26/2019.
Apr 29, 2019
Motion to appoint counsel filed by petitioner GRANTED, and G. Ben Cohen, Esq., of New Orleans, Louisiana, is appointed to serve as counsel for petitioner in this case.
Jun 11, 2019
Joint appendix filed. (Statement of costs filed)
Jun 11, 2019
Brief of petitioner Evangelisto Ramos filed.
Jun 17, 2019
Brief amicus curiae of The Rutherford Institute filed.
Jun 18, 2019
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jun 18, 2019
Brief amicus curiae of American Bar Association filed.
Jun 18, 2019
Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Jun 18, 2019
Brief amici curiae of Law Professors and Social Scientists filed.
Jun 18, 2019
Amicus brief of Prominent Current and Former State Executive and Judicial Officers, Law Professors, and the OCDLA not accepted for filing. (June 20, 2019)(Corrected version submitted)
Jun 18, 2019
Brief amici curiae of Prominent Current and Former State Executive and Judicial Officers, Law Professors, and the OCDLA filed.
Jun 18, 2019
Brief amicus curiae of Institute for Justice filed.
Jun 18, 2019
Brief amici curiae of State of New York et al. filed.
Jun 18, 2019
Brief amici curiae of Innocence Project New Orleans and The Innocence Project filed.
Jun 18, 2019
Brief amici curiae of American Civil Liberties Union and the ACLU Foundation of Louisiana filed (To be recovered-- case No. noted should read 18-5924 rather than 18-5942.)
Jul 1, 2019
SET FOR ARGUMENT on Monday, October 7, 2019.
Aug 1, 2019
CIRCULATED
Aug 16, 2019
Brief of respondent Louisiana filed. (Distributed)
Aug 16, 2019
Record requested from the Court of Appeal of Louisiana, 4th Circuit.
Aug 23, 2019
Amicus brief of State of Oregon not accepted for filing. (August 26, 2019) (Duplicate efiling)
Aug 23, 2019
Brief amicus curiae of State of Oregon filed. (Distributed)
Aug 23, 2019
Brief amici curiae of State of Utah, et al. filed. (Distributed)
Sep 6, 2019
Reply of petitioner Evangelisto Ramos filed. (Distributed)
Sep 20, 2019
Record received from the Court of Appeal of Louisiana, 4th Circuit (1 box of filings, 1 box of posterboard exhibits, and 2 CD's of exhibits in electronic format).
Oct 7, 2019
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Elizabeth Murrill, Solicitor General, Baton Rouge, La.
Apr 20, 2020
Judgment REVERSED. Gorsuch, J., announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, II–A, III, and IV–B–1, in which Ginsburg, Breyer, Sotomayor, and Kavanaugh, JJ., joined, an opinion with respect to Parts II–B, IV–B–2, and V, in which Ginsburg, Breyer, and Sotomayor, JJ., joined, and an opinion with respect to Part IV–A, in which Ginsburg and Breyer, JJ., joined. Sotomayor, J., filed an opinion concurring as to all but Part IV–A. Kavanaugh, J., filed an opinion concurring in part. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., joined, and in which Kagan, J., joined as to all but Part III–D.
May 22, 2020
MANDATE ISSUED
May 22, 2020
JUDGMENT ISSUED
Jan 11, 2023
Record returned to the Court of Appeal of Louisiana, 4th Circuit (1 box of filings, 1 box of posterboard exhibits, and 2 CD's of exhibits in electronic format).

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