Welch v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-6418 | 11th Cir. | Mar 30, 0016 | Apr 18, 2016 | 7-1 | Kennedy | OT 2015 |
Holding: The Court"s 2015 ruling in Johnson v. United States, holding that the imposition of an increased sentence under the Armed Career Criminal Act's residual clause violates due process, announced a new substantive rule that has retroactive effect in cases on collateral review.
Judgment: Vacated and remanded, 7-1, in an opinion by Justice Kennedy on April 18, 2016. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: A lopsided majority for full retroactivity (Rory Little, April 19, 2016)
- Argument analysis: A likely decision in favor of retroactivity? (Rory Little, March 31, 2016)
- Argument preview: Complex retroactivity questions arising from Justice Scalia's void-for-vagueness decision last Term (Rory Little, March 23, 2016)
- Court to decide Johnson retroactivity (Lyle Denniston, January 8, 2016)
| Date | Proceedings and Orders |
|---|---|
| 09/02/2015 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2015) |
| 10/14/2015 | Waiver of right of respondent United States to respond filed. |
| 10/29/2015 | DISTRIBUTED for Conference of November 13, 2015. |
| 11/05/2015 | Response Requested . (Due December 7, 2015) |
| 12/03/2015 | Memorandum of respondent United States filed. |
| 12/21/2015 | Reply of petitioner Gregory Welch filed. |
| 12/23/2015 | DISTRIBUTED for Conference of January 8, 2016. |
| 12/28/2015 | Supplemental brief of petitioner Gregory Welch filed. (Distributed) |
| 01/08/2016 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 01/15/2016 | Helgi C. Walker, Esq., of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. Briefs of other amici curiae in support of affirmance are to be filed within 7 days after the filing of the brief of the Court-appointed amicus curiae. |
| 01/20/2016 | The joint appendix and petitioner's brief on the merits shall be filed on or before February 9, 2016. |
| 01/20/2016 | Respondent's brief on the merits shall be filed on or before February 9, 2016. |
| 01/20/2016 | The brief of Court-appointed amicus curiae in support of the judgment below shall be filed on or before March 8, 2016. |
| 01/20/2016 | Amicus curiae briefs in support of the judgment below are due within 7 days after the filing of the brief of Court-appointed amicus curiae. |
| 01/29/2016 | SET FOR ARGUMENT ON Wednesday, March 30, 2016 |
| 02/01/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 02/02/2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent. |
| 02/08/2016 | Record requested from U.S.C.A. 11th Circuit. |
| 02/09/2016 | Brief of respondent United States filed. |
| 02/09/2016 | Brief of petitioner Gregory Welch filed. |
| 02/09/2016 | Joint appendix filed. (Statement of costs filed.) |
| 02/16/2016 | Brief amici curiae of The Federal Public and Community Defenders, and the National Association of Federal Defenders filed. |
| 02/16/2016 | Brief amici curiae of Scholars of Federal Courts and Sentencing filed. |
| 02/23/2016 | CIRCULATED. |
| 03/01/2016 | Record received from U.S.D.C. Southern Dist. of Florida is electronic and located on PACER with the exception of the SEALED documents received in 1 envelope. |
| 03/08/2016 | Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| 03/15/2016 | Motion for divided argument filed by respondent United States. |
| 03/15/2016 | Brief amici curiae of Indiana, et al. filed. (Distributed) |
| 03/18/2016 | Motion for divided argument filed by respondent GRANTED. |
| 03/23/2016 | Reply of respondent United States filed. (Distributed) |
| 03/23/2016 | Reply of petitioner Gregory Welch filed. (Distributed) |
| 03/30/2016 | Argued. For petitioner: Amir H. Ali, Washington, D. C. For respondent in support of vacatur and remand: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Helgi C. Walker, Washington, D. C. |
| 04/18/2016 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. |
| 05/20/2016 | JUDGMENT ISSUED |
| 08/19/2016 | Record from U.S.D.C. Southern District of Florida has been returned. |