McDonough v. Smith
Holding
The statute of limitations for Edward McDonough's 42 U.S.C. § 1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor, that is, when he was acquitted at the end of his second trial.
Judgment
Reversed and remanded, 6-3, in an opinion by Sonia Sotomayor on Jun 20, 2019. Justice Thomas filed a dissenting opinion, in which Justices Kagan and Gorsuch joined.
Oct 12, 2018Petition for a writ of certiorari filed. (Response due November 15, 2018)Nov 2, 2018Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk.
Nov 6, 2018Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2018.
Nov 15, 2018Brief amici curiae of Criminal Defense Organizations, et al. filed.Nov 15, 2018Brief amicus curiae of Cause of Action Institute filed.Nov 15, 2018Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.Dec 7, 2018Brief of respondent Youel Smith in opposition filed.Dec 17, 2018Letter waiving the 14-day waiting period under Rule 15.5 filed.Dec 18, 2018Reply of petitioner Edward G. McDonough filed.Dec 19, 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 11, 2019Petition GRANTED.
Feb 11, 2019SET FOR ARGUMENT on Wednesday, April 17, 2019
Feb 25, 2019Brief of petitioner Edward G. McDonough filed.Feb 25, 2019Joint appendix filed.Feb 26, 2019Blanket Consent filed by Petitioner, Edward G. McDonough.Mar 4, 2019Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.Mar 4, 2019Brief amicus curiae of Cause of Action Institute filed.Mar 4, 2019Brief amici curiae of Criminal Defense Organizations, et al. filed.Mar 4, 2019Brief amicus curiae of Constitutional Accountability Center filed.Mar 4, 2019Brief amicus curiae of United States filed.Mar 4, 2019Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed.Mar 4, 2019Brief amici curiae of Federal Court Scholars, et al. filed.Mar 4, 2019Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed.
Mar 4, 2019Brief amicus curiae of The Innocence Network filed.Mar 20, 2019CIRCULATED
Mar 21, 2019Record requested from the U.S.C.A. 2nd Circuit.
Mar 27, 2019Brief of respondent Youel Smith filed. (Distributed)Apr 2, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Apr 3, 2019Record received from the U.S.D.C. Northern District of New York is electronic.
Apr 3, 2019Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)Apr 3, 2019Brief amici curiae of Indiana, et al. filed. (Distributed)Apr 3, 2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.Apr 3, 2019Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument filed.Apr 3, 2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.Apr 10, 2019Reply of petitioner Edward G. McDonough filed. (Distributed)Apr 12, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 12, 2019Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Apr 12, 2019Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Apr 12, 2019Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Apr 17, 2019Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thomas J. O'Connor, Albany, N. Y.
Jun 20, 2019Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts,
C. J., and Ginsburg, Breyer, Alito, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kagan and Gorsuch, JJ., joined.
Jul 22, 2019JUDGMENT ISSUED.
Recommended Citation: McDonough v. Smith, SCOTUSblog, https://www.scotusblog.com/cases/mcdonough-v-smith/