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Luis v. United States

Docket No.14-419
Op. Below11th Cir.
ArgumentNov 10, 2015

Holding

The pretrial freeze of a criminal defendant's legitimate, untainted assets violates the Sixth Amendment right to counsel of choice.

Judgment

Vacated and remanded, 5-3, in an opinion by Stephen G. Breyer on Mar 30, 2016. Justice Thomas filed an opinion concurring in the judgment. Justice Kennedy filed a dissenting opinion, in which Justice Alito joined. Justice Kagan filed a dissenting opinion.

Proceedings & orders timeline

Oct 7, 2014
Petition for a writ of certiorari filed. (Response due November 10, 2014)
Oct 16, 2014
Waiver of right of respondent United States to respond filed.
Oct 20, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the petitioner.
Oct 22, 2014
DISTRIBUTED for Conference of November 7, 2014.
Oct 28, 2014
Response Requested . (Due November 28, 2014)
Nov 18, 2014
Order extending time to file response to petition to and including December 29, 2014.
Nov 26, 2014
Brief amici curiae of U.S. Justice Foundation, et al. filed.
Nov 28, 2014
Brief amici curiae of Associations of Criminal Defense Attorneys filed.
Dec 23, 2014
Order further extending time to file response to petition to and including February 27, 2015.
Feb 18, 2015
Order further extending time to file response to petition to and including March 30, 2015.
Mar 30, 2015
Brief of respondent United States in opposition filed.
Apr 15, 2015
DISTRIBUTED for Conference of May 1, 2015.
Apr 16, 2015
Reply of petitioner Sila Luis filed. (Distributed)
May 1, 2015
Rescheduled.
May 4, 2015
DISTRIBUTED for Conference of May 14, 2015.
May 18, 2015
DISTRIBUTED for Conference of May 21, 2015.
May 26, 2015
DISTRIBUTED for Conference of May 28, 2015.
Jun 1, 2015
DISTRIBUTED for Conference of June 4, 2015.
Jun 8, 2015
Petition GRANTED.
Jun 15, 2015
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015.
Jun 15, 2015
The time to file respondent's brief on the merits is extended to and including September 30, 2015.
Aug 4, 2015
Consent to the filing of amicus curiae briefs in support of either party, or of neither party, received from counsel for the petitioner.
Aug 18, 2015
Joint appendix filed. (Statement of costs filed)
Aug 18, 2015
Brief of petitioner Sila Luis filed.
Aug 25, 2015
Brief amici curiae of United States Justice Foundation, et al. filed.
Aug 25, 2015
Brief amici curiae of Cato Institute and the DKT Liberty Project filed.
Aug 25, 2015
Brief amici curiae of National Association of Criminal Defense Lawyers, et al.
Aug 25, 2015
Brief amicus curiae of Americans for Forfeiture Reform filed.
Aug 25, 2015
Brief amicus curiae of New York Council of Defense Lawyers filed.
Aug 25, 2015
Brief amicus curiae of American Bar Association filed.
Aug 25, 2015
Brief amicus curiae of Rutherford Institute filed.
Sep 9, 2015
SET FOR ARGUMENT on Tuesday, November 10, 2015
Sep 10, 2015
Record requested from the U.S.C.A. 11th Circuit.
Sep 21, 2015
Record received from the U.S.D.C. Southern District of Florida is electronic and located on PACER, with the exception of one SEALED Document. (1 envelope)
Sep 22, 2015
The record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Sep 30, 2015
Brief of respondent United States filed.
Oct 2, 2015
CIRCULATED
Oct 7, 2015
Brief amici curiae of National Association of State Legislators, et al. filed. (Distributed)
Oct 9, 2015
Motion of Americans for Forfeiture Reform out-of-time for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29, 2015
Reply of petitioner Sila Luis filed. (Distributed)
Oct 30, 2015
Motion of Americans for Forfeiture Reform out-of-time for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Nov 10, 2015
Argued. For petitioner: Howard Srebnick, Miami, Fla. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Mar 30, 2016
Judgment VACATED and case REMANDED. Breyer, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Ginsburg and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Kennedy, J., filed a dissenting opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion.
May 2, 2016
JUDGMENT ISSUED
Jul 26, 2016
Records from U.S.D.C. Southern Dist. of Florida has been returned.

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