Supreme Court of the United States · Official docket →
David H. Brooks v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 14-2682 · judgment September 20, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In Durham v. United States, 401 U.S. 481, 483 (1971), the Court adopted the abatement ab initio rule that “death pending direct review of a criminal conviction abates not only the appeal but also all proceedings had in the prosecution from its inception.” The Second Circuit ruled that petitioner, by pleading guilty to some counts of an indictment, and going to trial on other counts, waived the right to appeal convictions that were premised on his guilty pleas and that abatement of those counts was not required under Durham despite petitioner’s death during the pendency of his direct appeal. Does a defendant’s death on appeal in a federal criminal case require abatement of the defendant’s convictions, including those arising from a guilty plea? (i)
Counsel of record
For petitioner
Richard C. Klugh Jr.
For respondent
Noel John Francisco
Jones Day
Proceedings
- Oct 01 2018Petition DENIED.
- Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 25 2018Waiver of right of respondent United States to respond filed.
- Jun 11 2018Petition for a writ of certiorari filed. (Response due July 19, 2018)
- May 03 2018Application (17A1055) granted by Justice Ginsburg extending the time to file until June 11, 2018.
- Apr 30 2018Application (17A1055) to extend further the time from May 14, 2018 to June 11, 2018, submitted to Justice Ginsburg.
- Mar 30 2018Application (17A1055) granted by Justice Ginsburg extending the time to file until May 14, 2018.
- Mar 27 2018Application (17A1055) to extend the time to file a petition for a writ of certiorari from April 12, 2018 to May 12, 2018, submitted to Justice Ginsburg.