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Kaley v. United States

Docket No.12-464
Op. Below11th Cir.
ArgumentOct 16, 2013
Vote6-3
AuthorElena Kagan
OpinionFeb 25, 2014
TermOctober Term 2013
SCOTUS PageOpinion

Holding

When challenging the legality of a pre-trial asset seizure under 21 U.S.C. § 853(e)(1), a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury"s determination of probable cause to believe that he committed the crimes charged.

Judgment

Affirmed and remanded, 6-3, in an opinion by Elena Kagan on Feb 25, 2014. Chief Justice Roberts filed a dissenting opinion in which Justice Breyer and Justice Sotomayor joined.

Issue: Whether, when a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, the Fifth and Sixth Amendments require a pre-trial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges.

Proceedings & orders timeline

Oct 11, 2012
Petition for a writ of certiorari filed. (Response due November 14, 2012)
Nov 6, 2012
Order extending time to file response to petition to and including December 14, 2012.
Nov 14, 2012
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 5, 2012
Order further extending time to file response to petition to and including January 14, 2013.
Jan 7, 2013
Order further extending time to file response to petition to and including February 13, 2013.
Feb 13, 2013
Brief of respondent United States filed.
Feb 27, 2013
DISTRIBUTED for Conference of March 15, 2013.
Mar 18, 2013
Petition GRANTED.
Apr 3, 2013
The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 21, 2013.
Jun 13, 2013
The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 1, 2013.
Jun 13, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 1, 2013
Brief amicus curiae of Cato Institute filed.Jul 1, 2013
Brief of petitioners Kerri L. Kaley, et vir filed.
Jul 1, 2013
Joint appendix filed. (Statement of costs filed.)
Jul 3, 2013
Brief amicus curiae of California Attorneys for Criminal Justice filed.Jul 5, 2013
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Jul 8, 2013
Brief amicus curiae of American Bar Association filed.Jul 8, 2013
Brief amici curiae of Gun Owners Foundation, et al. filed.Jul 8, 2013
Brief amicus curiae of Institute for Justice filed.Jul 8, 2013
Brief amicus curiae of Florida Association of Criminal Defense Lawyers filed.Jul 8, 2013
Brief amicus curiae of New York Council of Defense Lawyers filed.
Jul 10, 2013
The time to file respondent's brief on the merits is extended to and including August 30, 2013.
Jul 22, 2013
CIRCULATED.
Jul 23, 2013
SET FOR ARGUMENT on Wednesday, October 16, 2013.
Aug 16, 2013
Record Received from U.S.C.A. for 11th Circuit (1 envelope)
Aug 22, 2013
Record received from the U.S.D.C. of Florida (1 Box)
Aug 30, 2013
Brief of respondent United States filed. (Distributed)Sep 30, 2013
Reply of petitioner Kerri L. Kaley, et vir filed. (Distributed)Oct 16, 2013
Argued. For petitioner: Howard Srebnick, Miami, Fla. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Feb 25, 2014
Judgment is affirmed and case remanded. Kagan, J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, and Alito, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
Mar 31, 2014
JUDGMENT ISSUED.
Mar 31, 2014
Record Received from U.S.C.A. for 11th Circuit has been returned.
Mar 31, 2014
Record received from United States District Court Southern District of Florida has been returned.

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