Supreme Court of the United States · Official docket →
Edward Winstead, et al. v. Anthony Johnson
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-2372 · judgment August 14, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Seventh Circuit’s holding that accrual of self-incrimination claims based on statements used at a criminal trial is deferred under Heck v. Humphrey, 512 U.S. 477 (1994), conflicts with Wallace v. Kato, 549 U.S. 384 (2007), which holds that Heck does not apply to claims that accrue before conviction.
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Whether, in any event, the Seventh Circuit, in conflict with Heck and several other circuits, erroneously held that all section 1983 claims based on constitutional violations occurring at a criminal trial that precedes a conviction necessarily imply the invalidity of that conviction and are therefore barred by Heck.
Counsel of record
For petitioner
Benna Ruth Solomon
Corporation Counsel of the City of Chicago
For respondent
Stephen Louis Richards
Law Office of Stephen L. Richards
Proceedings
- Jun 28 2019Petition DENIED.
- Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
- Jun 21 2019Supplemental brief of petitioners Edward Winstead, et al. filed.
- Apr 30 2019DISTRIBUTED for Conference of 5/16/2019.
- Apr 08 2019Reply of petitioners Edward Winstead, et al. filed.
- Mar 26 2019Brief of respondent Anthony Johnson in opposition filed.
- Mar 25 2019Brief amicus curiae of International Municipal Lawyers Association filed.
- Feb 21 2019Response Requested. (Due March 25, 2019)
- Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
- Feb 05 2019Waiver of right of respondent Anthony Johnson to respond filed.
- Feb 01 2019Petition for a writ of certiorari filed. (Response due March 7, 2019)
- Dec 20 2018Application (18A658) granted by Justice Kavanaugh extending the time to file until February 1, 2019.
- Dec 19 2018Application (18A658) to extend the time to file a petition for a writ of certiorari from January 1, 2019 to February 1, 2019, submitted to Justice Kavanaugh.