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Terance Martez Gamble v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16760 · judgment July 28, 2017

Decided · June 17, 2019
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the Court should overrule the "separate sovereigns" exception to the Double Jeopardy Clause.

Counsel of record

For petitioner
Louis A. Chaiten
Jones Day

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 11 conferences

Amicus briefs
1 cert-stage · 12 merits
(9 supporting pet./neither, 3 respondent)

Argument & decision

Argued December 6, 2018 — Louis A. Chaiten · Eric J. Feigin · Kyle D. Hawkins. Audio and transcript

Decided June 17, 2019. Opinion by Alito.

Proceedings

  1. Jul 19 2019
    JUDGMENT ISSUED.
  2. Jun 17 2019
    Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., and Gorsuch, J., filed dissenting opinions.
  3. Dec 06 2018
    Argued. For petitioner: Louis A. Chaiten, Cleveland, Ohio. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Texas, et al., as amici curiae: Kyle D. Hawkins, Texas Solicitor General, Austin, Tex.
  4. Dec 03 2018
    RESCHEDULED FOR ARGUMENT ON Thursday, December 6, 2018
  5. Nov 21 2018
    Reply of petitioner Terance Gamble filed. (Distributed)
  6. Nov 20 2018
    Letter of respondent United States filed. (Distributed)
  7. Nov 19 2018
    Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument is GRANTED and the time is allotted as follows: 40 minutes for the petitioner, 30 minutes for the respondent, and 10 minutes for Texas, et al.
  8. Nov 06 2018
    Response of respondent to motion of Texas, et al., filed.
  9. Nov 06 2018
    Reply of Texas, et al. in support of motion, filed.
  10. Nov 05 2018
    Opposition of petitioner to motion of Texas, et al., filed.
  11. Nov 01 2018
    Brief amici curiae of National Indigenous Women's Resource Center et al. filed. (Distributed)
  12. Nov 01 2018
    Brief amici curiae of Texas, et al. filed. (Distributed)
  13. Nov 01 2018
    Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
  14. Nov 01 2018
    Motion for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument filed by Texas, et al.
  15. Oct 29 2018
    Record received from the U.S.C.A. 11th Circuit is electronic, complete and located on PACER.
  16. Oct 25 2018
    Brief of respondent United States filed. (Distributed)
  17. Oct 19 2018
    CIRCULATED
  18. Oct 18 2018
    Record received from the U.S.D.C. Southern Dist. of Alabama is electronic and located on PACER.
  19. Oct 15 2018
    Record requested from U.S.C.A. 11th Circuit.
  20. Oct 09 2018
    SET FOR ARGUMENT on Wednesday, December 5, 2018
  21. Sep 11 2018
    Brief amici curiae of U.S. Navy-Marine Corps Appellate Defense Division, et al. filed.
  22. Sep 11 2018
    Brief amicus curiae of Senator Orrin Hatch filed.
  23. Sep 11 2018
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
  24. Sep 11 2018
    Brief amici curiae of Constitutional Accountability Center, et al. filed.
  25. Sep 11 2018
    Brief amici curiae of Criminal Procedure Professors Stephen E. Henderson, et al. filed.
  26. Sep 11 2018
    Brief amici curiae of Criminal Defense Experts filed.
  27. Sep 11 2018
    Brief amicus curiae of The Rutherford Institute filed.
  28. Sep 10 2018
    Brief amici curiae of Law Professors filed.
  29. Sep 07 2018
    Brief amicus curiae of Howard University School of Law Thurgood Marshall Civil Rights Center in support of neither party filed.
  30. Sep 04 2018
    Joint appendix filed. (Statement of costs filed)
  31. Sep 04 2018
    Brief of petitioner Terance Gamble filed.
  32. Aug 01 2018
    Motion for an extension of time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2018. The time to file respondent's brief on the merits is extended to and including October 25, 2018.
  33. Jul 23 2018
    Motion for an extension of time to file the opening briefs on the merits filed.
  34. Jun 28 2018
    Petition GRANTED.
  35. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  36. Jun 18 2018
    DISTRIBUTED for Conference of 6/21/2018.
  37. Jun 11 2018
    DISTRIBUTED for Conference of 6/14/2018.
  38. Jun 04 2018
    DISTRIBUTED for Conference of 6/7/2018.
  39. May 29 2018
    DISTRIBUTED for Conference of 5/31/2018.
  40. May 21 2018
    DISTRIBUTED for Conference of 5/24/2018.
  41. May 14 2018
    DISTRIBUTED for Conference of 5/17/2018.
  42. May 07 2018
    DISTRIBUTED for Conference of 5/10/2018.
  43. Apr 23 2018
    DISTRIBUTED for Conference of 4/27/2018.
  44. Apr 16 2018
    DISTRIBUTED for Conference of 4/20/2018.
  45. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  46. Jan 30 2018
    Reply of petitioner Terance Gamble filed.
  47. Jan 16 2018
    Brief of respondent United States in opposition filed.
  48. Dec 28 2017
    Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.
  49. Dec 26 2017
    Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.
  50. Dec 04 2017
    Brief amici curiae of Constitutional Accountability Center and Cato Institute filed.
  51. Nov 30 2017
    Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
  52. Nov 30 2017
    Order extending time to file response to petition to and including January 3, 2018.
  53. Oct 24 2017
    Petition for a writ of certiorari filed. (Response due December 4, 2017)