Supreme Court of the United States · Official docket →
United States v. Michael J. D. Briggs
Paid petition · United States Court of Appeals for the Armed Forces, No. 16-0711 · judgment February 22, 2019
Decided · December 10, 2020
Pre-decision estimate: 18% cert probability (95% interval 6%–46%)
Before the decision, about 4.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, the Court of Appeals for the Armed Forces below, and a dissent in the court below (flagged in the petition).
Question presented
Consolidated with 19-184. Whether the Court of Appeals for the Armed Forces erred in concluding-contrary to its own longstanding precedent-that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.
Counsel of record
For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP
For respondent
Stephen I. Vladeck
Case
Conference history
Distributed for 3 conferences
Amicus briefs
4 merits
(2 supporting pet./neither, 2 respondent)
Argument & decision
Argued October 13, 2020 — Jeffrey B. Wall · Stephen I. Vladeck. Audio and transcript
Decided December 10, 2020. Opinion by Alito.
Proceedings
- Jul 26 2021Record returned to the USCA for the Armed Forces (1 box).
- Jul 26 2021Record returned to the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).
- Jan 11 2021JUDGMENT ISSUED.
- Dec 10 2020Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the cases. Gorsuch, J., filed a concurring opinion. VIDED.
- Oct 13 2020Argued. For petitioner: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D.C. For respondents: Stephen I. Vladeck, Austin, Tex. VIDED.
- Oct 13 2020Letter of October 13, 2020 from the Acting Solicitor General filed. VIDED. (Distributed)
- Jul 13 2020SET FOR ARGUMENT on Tuesday, October 13, 2020. VIDED.
- Apr 13 2020Argument to be rescheduled for the October Term 2020. VIDED.
- Mar 16 2020ORAL ARGUMENT POSTPONED. VIDED.
- Mar 13 2020Reply of petitioner United States filed. VIDED. (Distributed)
- Feb 28 2020Record received from the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).
- Feb 26 2020Record received from the USCA for the Armed Forces (1 box). This record contains sealed material.
- Feb 20 2020Letter from respondents, regarding relevance of 2003 amendment to Article 43(b) of the Uniform Code of Military Justice, filed. VIDED. (Distributed)
- Feb 19 2020Record requested from the U.S.C.A. Armed Forces.
- Feb 19 2020CIRCULATED
- Feb 19 2020Brief amicus curiae of U.S. Army Defense Appellate Division filed. VIDED. (Distributed)
- Feb 19 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. (Distributed)
- Feb 12 2020Brief of respondents filed. VIDED.
- Jan 31 2020SET FOR ARGUMENT on Monday, March 23, 2020. VIDED
- Jan 13 2020Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED.
- Jan 13 2020Brief amici curiae of Members of Congress filed. VIDED.
- Jan 13 2020Brief amici curiae of Harmony Allen and Protect Our Defenders filed. VIDED.
- Jan 06 2020Brief of petitioner United States filed. VIDED.
- Jan 02 2020Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED.
- Dec 17 2019Blanket Consent filed by Respondent, Michael J. D. Briggs. VIDED
- Nov 27 2019Motion 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 January 6, 2020. The time to file respondents' briefs on the merits is extended to and including February 12, 2020.
- Nov 25 2019Motion for an extension of time to file the briefs on the merits filed. VIDED.
- Nov 15 2019Petition GRANTED. The petition for a writ of certiorari in No. 19-184 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
- Nov 15 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-108. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-108. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
- Oct 23 2019DISTRIBUTED for Conference of 11/8/2019.
- Sep 19 2019Rescheduled.
- Aug 28 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 28 2019Reply of petitioner United States of America filed. (Distributed)
- Aug 14 2019Brief of respondent Michael Briggs in opposition filed.
- Jul 22 2019Petition for a writ of certiorari filed. (Response due August 21, 2019)
- Jun 12 2019Application (18A1168) granted by The Chief Justice extending the time to file until July 22, 2019.
- Jun 11 2019Application (18A1168) to extend further the time from June 22, 2019 to July 22, 2019, submitted to The Chief Justice.
- May 14 2019Application (18A1168) granted by The Chief Justice extending the time to file until June 22, 2019.
- May 10 2019Application (18A1168) to extend the time to file a petition for a writ of certiorari from May 23, 2019 to June 22, 2019, submitted to The Chief Justice.