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Garza v. Idaho

Docket No.17-1026
Op. BelowIdaho
ArgumentOct 30, 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 Sonia Sotomayor on Feb 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.

Proceedings & orders timeline

Jan 23, 2018
Petition for a writ of certiorari filed. (Response due February 23, 2018)
Feb 21, 2018
Waiver of right of respondent State of Idaho to respond filed.
Feb 22, 2018
Brief amicus curiae of The Ethics Bureau at Yale filed.
Feb 22, 2018
Brief amicus curiae of Idaho Association of Criminal Defense Lawyers filed.
Mar 7, 2018
DISTRIBUTED for Conference of 3/23/2018.
Mar 8, 2018
Response Requested. (Due April 9, 2018)
Mar 16, 2018
Motion to extend the time to file a response from April 9, 2018 to June 8, 2018, submitted to The Clerk.
Mar 16, 2018
Response to motion to extend the time to file a response from petitioner Gilberto Garza, Jr. filed.
Mar 20, 2018
Motion to extend the time to file a response is granted in part, and the time is extended to and including May 15, 2018.
May 8, 2018
Brief of respondent State of Idaho in opposition filed.
May 21, 2018
Reply of petitioner Gilberto Garza, Jr. filed.
May 22, 2018
DISTRIBUTED for Conference of 6/7/2018.
Jun 11, 2018
DISTRIBUTED for Conference of 6/14/2018.
Jun 18, 2018
Petition GRANTED.
Jun 21, 2018
Motion for an extension of time to file the briefs on the merits filed.
Jul 3, 2018
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 August 10, 2018. The time to file respondent's brief on the merits is extended to and including September 17, 2018.
Jul 17, 2018
Motion to dispense with printing the joint appendix filed by petitioner Gilberto Garza, Jr.
Aug 10, 2018
Brief of petitioner Gilberto Garza, Jr. filed.
Aug 16, 2018
Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.
Aug 17, 2018
Brief amicus curiae of The Ethics Bureau at Yale filed.
Aug 17, 2018
Brief amicus curiae of Cato Institute filed.
Aug 20, 2018
SET FOR ARGUMENT on Tuesday, October 30, 2018
Aug 24, 2018
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 10, 2018
Record requested from the Supreme Court of Idaho.
Sep 12, 2018
CIRCULATED
Sep 17, 2018
Brief of respondent State of Idaho filed. (Distributed)
Sep 24, 2018
Brief amicus curiae of United States filed. (Distributed)
Sep 24, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 24, 2018
Brief amici curiae of Louisiana, et al. filed. (Distributed)
Oct 9, 2018
Motion 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.
Oct 17, 2018
Reply of petitioner Gilberto Garza, Jr. filed. (Distributed)
Oct 30, 2018
Argued. 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).
Feb 27, 2019
Judgment 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.
Apr 1, 2019
MANDATE ISSUED.
Apr 1, 2019
JUDGMENT ISSUED.

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