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Chaidez v. United States

Docket No.11-820
Op. Below7th Cir.
ArgumentNov 1, 2012
Vote7-2
AuthorElena Kagan
OpinionFeb 20, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

The Court"s decision in Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review.

Judgment

Affirmed, 7-2, in an opinion by Elena Kagan on Feb 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the petitioner in this case.

Holding: The Court”s decision in”Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review.

Judgment:”Affirmed, 7-2, in an opinion by Justice Kagan on February 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

Proceedings & orders timeline

Dec 23, 2011
Petition for a writ of certiorari filed. (Response due January 30, 2012)
Jan 25, 2012
Order extending time to file response to petition to and including February 29, 2012.
Jan 30, 2012
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jan 30, 2012
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Feb 23, 2012
Order further extending time to file response to petition to and including March 30, 2012.
Mar 30, 2012
Brief of respondent United States filed.
Apr 11, 2012
DISTRIBUTED for Conference of April 27, 2012.
Apr 11, 2012
Reply of petitioner Roselva Chaidez filed. (Distributed)
Apr 30, 2012
Petition GRANTED.
Jun 5, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 16, 2012.
Jun 5, 2012
The time to file respondent's brief on the merits is extended to and including September 14, 2012.
Jun 15, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 2, 2012
Motion to dispense with printing the joint appendix filed by petitioner Roselva Chaidez.
Jul 16, 2012
Brief of petitioner Roselva Chaidez filed.
Jul 23, 2012
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 23, 2012
Brief amici curiae of Active and Former State and Federal Prosecutors filed.
Jul 23, 2012
Brief amicus curiae of National Association of Federal Defenders filed.
Jul 23, 2012
Brief amici curiae of Habeas Scholars and Constitutional Accountability Center filed.
Jul 23, 2012
Brief amicus curiae of American Immigration Lawyers Association filed.
Jul 23, 2012
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jul 23, 2012
SET FOR ARGUMENT ON Tuesday, October 30, 2012
Aug 2, 2012
CIRCULATED
Aug 7, 2012
Record from U.S.C.A. fo 7th Circuit is electronic.
Aug 15, 2012
Record from U.S.D.C. for Northern District of Illinois is electronic and is available on PACER. There are sealed documents in this record.Sep 14, 2012
Brief of respondent United States filed. (Distributed)Sep 21, 2012
Brief amici curiae of New Jersey, et al. filed. (Distributed)Sep 21, 2012
Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)Oct 15, 2012
Reply of petitioner Roselva Chaidez filed. (Distributed)
Oct 29, 2012
RESET FOR ARGUMENT ON Thursday, November 1, 2012.
Nov 1, 2012
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Feb 20, 2013
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Breyer, and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.
Mar 25, 2013
JUDGMENT ISSUED.

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