Supreme Court of the United States · Official docket →

Rodney Class v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 15-3015 · judgment July 5, 2016

Decided · February 21, 2018

At-filing estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below and a petition filed soon after the judgment below.

Question presented

In Blackledge v. Perry, 417 U.S. 21 (1974), and Menna v. New York, 423 U.S. 61 (1975), this Court held that a defendant who pleads guilty can still raise on appeal any constitutional claim that does not depend on challenging his "factual guilt." In Blackledge and Menna, the Court held that double jeopardy and vindictive prosecution are two such claims that are not inherently resolved by pleading guilty, because those claims do not challenge whether the government could properly meet its burden of proving each element of the crime. In the years since this Court decided Blackledge and Menna, the circuit courts have deeply divided on whether a defendant's challenge to the constitutionality of his statute of conviction survives a plea, or instead is inherently waived as part of the concession of factual guilt. The question presented is: Whether a guilty plea inherently waives a defendant's right to challenge the constitutionality of his statute of conviction?

Counsel of record

For petitioner
Jessica Ring Amunson
Jenner & Block LLP

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
3 merits
(3 supporting pet./neither)

Argument & decision

Argued October 4, 2017 — Jessica R. Amunson · Eric J. Feigin. Listen and read along · the Court’s audio

Decided February 21, 2018. Opinion by Breyer.

Proceedings

Mar 26 2018
JUDGMENT ISSUED.
Feb 21 2018
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, and Gorsuch, JJ., joined. Alito, J., filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined.
Oct 04 2017
Argued. For petitioner: Jessica R. Amunson, Washington, D. C. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Aug 16 2017
Reply of petitioner Rodney Class filed. (Distributed)
Aug 09 2017
CIRCULATED
Aug 01 2017
Record requested from the U.S.C.A. District of Columbia Circuit.
Jul 19 2017
SET FOR ARGUMENT on Wednesday, October 4, 2017.
Jul 17 2017
Brief of respondent United States filed.
May 19 2017
Brief amici curiae of The National Association of Criminal Lawyers, et al. filed.
May 19 2017
Brief amicus curiae of Albert W. Alschuler filed.
May 19 2017
Brief amicus curiae of The Innocence Project filed.
May 12 2017
Joint appendix filed. (Statement of costs received.)
May 12 2017
Brief of petitioner Rodney Class filed.
May 12 2017
Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner.
Mar 15 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 12, 2017.
Mar 15 2017
The time to file respondent's brief on the merits is extended to and including July 17, 2017.
Feb 21 2017
Petition GRANTED.
Feb 06 2017
DISTRIBUTED for Conference of February 17, 2017.
Jan 03 2017
DISTRIBUTED for Conference of January 19, 2017.
Jan 03 2017
Reply of petitioner Rodney Class filed. (Distributed)
Dec 20 2016
Brief of respondent United States in opposition filed.
Nov 16 2016
Order further extending time to file response to petition to and including December 20, 2016.
Oct 27 2016
Order extending time to file response to petition to and including November 30, 2016.
Sep 30 2016
Petition for a writ of certiorari filed. (Response due October 31, 2016)