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Gilberto Garza, Jr. v. Idaho

Paid petition · Supreme Court of Idaho, No. 44991 · judgment November 6, 2017

Decided · February 27, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the "presumption of prejudice" recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant's plea agreement included an appeal waiver?

Counsel of record

For petitioner
Amir H. Ali
Roderick & Solange MacArthur Justice Center

For respondent
Kenneth K. Jorgensen
Off of Attny Gen - State of ID

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage · 5 merits
(3 supporting pet./neither, 2 respondent)

Argument & decision

Argued October 30, 2018 — Amir H. Ali · Kenneth K. Jorgensen. Audio and transcript

Decided February 27, 2019. Opinion by Sotomayor.

Proceedings

  1. Apr 01 2019
    MANDATE ISSUED.
  2. Apr 01 2019
    JUDGMENT ISSUED.
  3. Feb 27 2019
    Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined, and in which Alito, J., joined as to Parts I and II.
  4. Oct 30 2018
    Argued. For petitioner: Amir H. Ali, Washington, D. C. For respondent: Kenneth K. Jorgensen, Lead Deputy Attorney General, Boise, Idaho; and Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
  5. Oct 17 2018
    Reply of petitioner Gilberto Garza, Jr. filed. (Distributed)
  6. Oct 09 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
  7. Sep 24 2018
    Brief amicus curiae of United States filed. (Distributed)
  8. Sep 24 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  9. Sep 24 2018
    Brief amici curiae of Louisiana, et al. filed. (Distributed)
  10. Sep 17 2018
    Brief of respondent State of Idaho filed. (Distributed)
  11. Sep 12 2018
    CIRCULATED
  12. Sep 10 2018
    Record requested from the Supreme Court of Idaho.
  13. Aug 24 2018
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  14. Aug 20 2018
    SET FOR ARGUMENT on Tuesday, October 30, 2018
  15. Aug 17 2018
    Brief amicus curiae of The Ethics Bureau at Yale filed.
  16. Aug 17 2018
    Brief amicus curiae of Cato Institute filed.
  17. Aug 16 2018
    Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.
  18. Aug 10 2018
    Brief of petitioner Gilberto Garza, Jr. filed.
  19. Jul 17 2018
    Motion to dispense with printing the joint appendix filed by petitioner Gilberto Garza, Jr.
  20. Jul 03 2018
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 10, 2018. The time to file respondent's brief on the merits is extended to and including September 17, 2018.
  21. Jun 21 2018
    Motion for an extension of time to file the briefs on the merits filed.
  22. Jun 18 2018
    Petition GRANTED.
  23. Jun 11 2018
    DISTRIBUTED for Conference of 6/14/2018.
  24. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  25. May 21 2018
    Reply of petitioner Gilberto Garza, Jr. filed.
  26. May 08 2018
    Brief of respondent State of Idaho in opposition filed.
  27. Mar 20 2018
    Motion to extend the time to file a response is granted in part, and the time is extended to and including May 15, 2018.
  28. Mar 16 2018
    Motion to extend the time to file a response from April 9, 2018 to June 8, 2018, submitted to The Clerk.
  29. Mar 16 2018
    Response to motion to extend the time to file a response from petitioner Gilberto Garza, Jr. filed.
  30. Mar 08 2018
    Response Requested. (Due April 9, 2018)
  31. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  32. Feb 22 2018
    Brief amicus curiae of The Ethics Bureau at Yale filed.
  33. Feb 22 2018
    Brief amicus curiae of Idaho Association of Criminal Defense Lawyers filed.
  34. Feb 21 2018
    Waiver of right of respondent State of Idaho to respond filed.
  35. Jan 23 2018
    Petition for a writ of certiorari filed. (Response due February 23, 2018)