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Tyson Timbs v. Indiana

Paid petition · Supreme Court of Indiana, No. 27S04-1702-MI-70 · judgment November 2, 2017

Decided · February 20, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Whether the Eighth Amendment's Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment.

Counsel of record

For petitioner
Wesley Patrick Hottot
Pacific Legal Foundation

For respondent
Thomas M. Fisher
EdChoice, Inc.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
5 cert-stage · 21 merits
(20 supporting pet./neither, 1 respondent)

Argument & decision

Argued November 28, 2018 — Wesley P. Hottot · Thomas M. Fisher. Audio and transcript

Decided February 20, 2019. Opinion by Ginsburg.

Proceedings

  1. Mar 25 2019
    MANDATE ISSUED.
  2. Mar 25 2019
    JUDGMENT ISSUED.
  3. Feb 20 2019
    Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Gorsuch, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment.
  4. Nov 28 2018
    Argued. For petitioner: Wesley P. Hottot, Seattle, Wash. For respondent: Thomas M. Fisher, Indiana Solicitor General, Indianapolis, Ind.
  5. Nov 05 2018
    Reply of petitioners Tyson Timbs, et al. filed. (Distributed)
  6. Nov 02 2018
    Record received from the Supreme Court of Indiana is electronic and complete.
  7. Oct 19 2018
    CIRCULATED
  8. Oct 11 2018
    Brief amicus curiae of National Association of Counties, et al. filed.
  9. Oct 09 2018
    SET FOR ARGUMENT ON Wednesday, November 28, 2018
  10. Oct 04 2018
    Brief of respondent State of Indiana filed.
  11. Sep 11 2018
    Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
  12. Sep 11 2018
    Brief amicus curiae of The Rutherford Institute filed.
  13. Sep 11 2018
    Brief amicus curiae of American Bar Association filed.
  14. Sep 11 2018
    Brief amici curiae of DKT Liberty Project, et al. filed.
  15. Sep 11 2018
    Brief amicus curiae of Constitutional Accountability Center filed.
  16. Sep 11 2018
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  17. Sep 11 2018
    Amicus brief of Indiana Criminal Defense Lawyers not accepted for filing. (Duplicate submission - September 12, 2018)
  18. Sep 11 2018
    Amicus brief of Indiana Criminal Defense Lawyers not accepted for filing. (Duplicate submission - September 12, 2018)
  19. Sep 11 2018
    Brief amicus curiae of Pacific Legal Foundation filed.
  20. Sep 11 2018
    Brief amici curiae of Juvenile Law Center, et al. filed.
  21. Sep 11 2018
    Brief amici curiae of Drug Policy Alliance, et al. filed.
  22. Sep 11 2018
    Brief amicus curiae of Foundation for Moral Law filed.
  23. Sep 11 2018
    Brief amicus curiae of American Civil Rights Union filed.
  24. Sep 11 2018
    Brief amicus curiae of Chamber of Commerce of the United States filed.
  25. Sep 11 2018
    Brief amici curiae of Scholars filed.
  26. Sep 11 2018
    Brief amici curiae of Indiana Criminal Defense Lawyers filed.
  27. Sep 11 2018
    Brief amicus curiae of Constitutional Accountability Center filed.
  28. Sep 11 2018
    Amicus brief of Cause of Action Institute not accepted for filing. (To be re-submitted with correction)
  29. Sep 11 2018
    Brief amicus curiae of Cause of Action Institute filed (Re-submitted with correction on September 14, 2018).
  30. Sep 10 2018
    Brief amicus curiae of Institute for Free Speech filed.
  31. Sep 10 2018
    Brief amici curiae of Eighth Amendment Scholars in support of neither party filed.
  32. Sep 10 2018
    Brief amici curiae of The American Civil Liberties Union, et al. filed.
  33. Sep 05 2018
    Amicus brief of Judicial Watch, Inc.; Allied Educational Foundation not accepted for filing. (To be resubmitted with correct documentation - September 10, 2018)
  34. Sep 05 2018
    Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
  35. Sep 04 2018
    Brief of petitioner Tyson Timbs filed.
  36. Aug 24 2018
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  37. Jul 23 2018
    Blanket Consent received from counsel of record for Respondent, State of Indiana filed.
  38. Jul 12 2018
    Blanket Consent received from counsel of record for petitioner filed.
  39. Jul 12 2018
    Motion to dispense with printing the joint appendix filed by petitioner Tyson Timbs.
  40. Jul 11 2018
    Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including September 4, 2018.
  41. Jun 26 2018
    Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
  42. Jun 18 2018
    Petition GRANTED.
  43. Jun 11 2018
    DISTRIBUTED for Conference of 6/14/2018.
  44. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  45. May 16 2018
    Reply of petitioner Tyson Timbs filed.
  46. May 04 2018
    Brief of respondent State of Indiana in opposition filed.
  47. Mar 05 2018
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  48. Mar 05 2018
    Brief amicus curiae of Constitutional Accountability Center filed.
  49. Mar 05 2018
    Brief amici curiae of The Southern Poverty Law Center and The Cato Institute filed.
  50. Mar 05 2018
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  51. Mar 05 2018
    Brief amici curiae of Professors filed.
  52. Feb 22 2018
    Motion to extend the time to file a response from March 5, 2018 to May 4, 2018, submitted to The Clerk.
  53. Feb 22 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018.
  54. Feb 06 2018
    Blanket Consent filed by Petitioners, Tyson Timbs, et al. and Respondent Indiana.
  55. Jan 31 2018
    Petition for a writ of certiorari filed. (Response due March 5, 2018)