Welch v. United States
Holding
The Court"s 2015 ruling in Johnson v. United States, holding that the imposition of an increased sentence under the Armed Career Criminal Act's residual clause violates due process, announced a new substantive rule that has retroactive effect in cases on collateral review.
Judgment
Vacated and remanded, 7-1, in an opinion by Anthony McLeod Kennedy on Apr 18, 2016. Justice Thomas filed a dissenting opinion.
Sep 2, 2015Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2015)
Oct 14, 2015Waiver of right of respondent United States to respond filed.
Oct 29, 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 5, 2015Response Requested . (Due December 7, 2015)
Dec 3, 2015Memorandum of respondent United States filed.
Dec 21, 2015Reply of petitioner Gregory Welch filed.
Dec 23, 2015DISTRIBUTED for Conference of January 8, 2016.
Dec 28, 2015Supplemental brief of petitioner Gregory Welch filed. (Distributed)Jan 8, 2016Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 15, 2016Helgi C. Walker, Esq., of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. Briefs of other amici curiae in support of affirmance are to be filed within 7 days after the filing of the brief of the Court-appointed amicus curiae.
Jan 20, 2016The joint appendix and petitioner's brief on the merits shall be filed on or before February 9, 2016.
Jan 20, 2016Respondent's brief on the merits shall be filed on or before February 9, 2016.
Jan 20, 2016The brief of Court-appointed amicus curiae in support of the judgment below shall be filed on or before March 8, 2016.
Jan 20, 2016Amicus curiae briefs in support of the judgment below are due within 7 days after the filing of the brief of Court-appointed amicus curiae.
Jan 29, 2016SET FOR ARGUMENT ON Wednesday, March 30, 2016
Feb 1, 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 2, 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent.
Feb 8, 2016Record requested from U.S.C.A. 11th Circuit.
Feb 9, 2016Brief of respondent United States filed.
Feb 9, 2016Brief of petitioner Gregory Welch filed.
Feb 9, 2016Joint appendix filed. (Statement of costs filed.)
Feb 16, 2016Brief amici curiae of The Federal Public and Community Defenders, and the National Association of Federal Defenders filed.
Feb 16, 2016Brief amici curiae of Scholars of Federal Courts and Sentencing filed.
Feb 23, 2016CIRCULATED.
Mar 1, 2016Record received from U.S.D.C. Southern Dist. of Florida is electronic and located on PACER with the exception of the SEALED documents received in 1 envelope.
Mar 8, 2016Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)Mar 15, 2016Motion for divided argument filed by respondent United States.
Mar 15, 2016Brief amici curiae of Indiana, et al. filed. (Distributed)
Mar 18, 2016Motion for divided argument filed by respondent GRANTED.
Mar 23, 2016Reply of respondent United States filed. (Distributed)Mar 23, 2016Reply of petitioner Gregory Welch filed. (Distributed)Mar 30, 2016Argued. For petitioner: Amir H. Ali, Washington, D. C. For respondent in support of vacatur and remand: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Helgi C. Walker, Washington, D. C.
Apr 18, 2016Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion.
May 20, 2016JUDGMENT ISSUED
Aug 19, 2016Record from U.S.D.C. Southern District of Florida has been returned.
Recommended Citation: Welch v. United States, SCOTUSblog, https://www.scotusblog.com/cases/welch-v-united-states-2/