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Edward A. Caniglia v. Robert F. Strom, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 19-1764 · judgment March 13, 2020

Decided · May 17, 2021
Pre-decision estimate: 23% cert probability (95% interval 15%–34%)

Before the decision, about 5.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether the "community caretaking'' exception to the Fourth Amendment's warrant requirement extends to the home

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Marc DeSisto
DeSisto Law

Case

Conference history
Distributed for 2 conferences

Amicus briefs
15 merits
(12 supporting pet./neither, 3 respondent)

Argument & decision

Argued March 24, 2021 — Shay Dvoretzky · Marc DeSisto. Audio and transcript

Decided May 17, 2021.

Proceedings

  1. Jun 18 2021
    JUDGMENT ISSUED.
  2. May 17 2021
    Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Roberts, C. J., filed a concurring opinion, in which Breyer, J., joined. Alito, J., and Kavanaugh, J., filed concurring opinions.
  3. Mar 24 2021
    Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondents: Marc DeSisto, Providence, R. I.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  4. Mar 12 2021
    Reply of petitioner Edward A. Caniglia filed. (Distributed)
  5. Mar 08 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Feb 22 2021
    CIRCULATED.
  7. Feb 18 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  8. Feb 18 2021
    Brief amicus curiae of United States filed.
  9. Feb 18 2021
    Brief amici curiae of Iowa, et al. filed. (Distributed)
  10. Feb 17 2021
    Amicus brief of The National Association of Counties, et al. not accepted for filing. (Dupilicate submission - February 25, 2021)
  11. Feb 17 2021
    Brief amici curiae of The National Association of Counties, et al. filed. (Distributed)
  12. Feb 11 2021
    Brief of respondents Robert Strom, et al. filed.
  13. Feb 04 2021
    Record requested from the U.S.C.A. 1st Circuit.
  14. Feb 01 2021
    SET FOR ARGUMENT on Wednesday, March 24, 2021.
  15. Jan 15 2021
    Brief amici curiae of Gun Owners of America, Inc., Gun Owners Foundation, The Heller Foundation, and Conservative Legal Defense and Education Fund filed.
  16. Jan 15 2021
    Brief amicus curiae of Constitutional Accountability Center filed.
  17. Jan 15 2021
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  18. Jan 15 2021
    Brief amicus curiae of The Rutherford Institute filed.
  19. Jan 15 2021
    Brief amici curiae of Second Amendment Law Center, Inc., California Rifle and Pistol Association, Gun Owners of California filed.
  20. Jan 15 2021
    Brief amicus curiae of Institute for Justice filed.
  21. Jan 15 2021
    Brief amici curiae of American Civil Liberties Union et al. filed.
  22. Jan 15 2021
    Brief amici curiae of Firearms Policy Coalition, et al. filed.
  23. Jan 15 2021
    Brief amici curiae of Project for Privacy and Surveillance Accountability and Restore the Fourth Inc. filed.
  24. Jan 15 2021
    Brief amicus curiae of American Association of Suicidology filed.
  25. Jan 14 2021
    Brief amicus curiae of Second Amendment Foundation filed.
  26. Jan 14 2021
    Amicus brief of American Association of Suicidology not accepted for filing. (January 28, 2021)
  27. Jan 13 2021
    Brief amicus curiae of Pacific Legal Foundation filed.
  28. Jan 08 2021
    Brief of petitioner Edward A. Caniglia filed.
  29. Jan 08 2021
    Joint appendix filed. (Statement of costs filed)
  30. Dec 16 2020
    Blanket Consent filed by Respondent, Robert Strom, et al.
  31. Dec 08 2020
    Motion to extend the time 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 8, 20201. The time to file respondents' brief on the merits is extended to and including February 11, 2021.
  32. Dec 02 2020
    Motion for an extension of time to file the briefs on the merits filed.
  33. Nov 20 2020
    Petition GRANTED.
  34. Nov 16 2020
    DISTRIBUTED for Conference of 11/20/2020.
  35. Oct 28 2020
    DISTRIBUTED for Conference of 11/13/2020.
  36. Oct 27 2020
    Reply of petitioner Edward A. Caniglia filed. (Distributed)
  37. Oct 27 2020
    Supplemental brief of respondents Robert Strom, et al. filed. (Distributed)
  38. Oct 14 2020
    Brief of respondents Robert Strom, et al. in opposition filed.
  39. Sep 03 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2020.
  40. Sep 02 2020
    Motion to extend the time to file a response from September 14, 2020 to October 14, 2020, submitted to The Clerk.
  41. Aug 10 2020
    Petition for a writ of certiorari filed. (Response due September 14, 2020)