Supreme Court of the United States · Official docket →
Adrian Goudelock v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 23-6348 · judgment February 10, 2025
Questions presented
Where the right to appeal a trial court judgment is provided by statute, “that appeal must accord with due process.” Simmons v. Reynolds, 898 F.2d 865, 868 (2d Cir. 1990). This case presents an ideal opportunity for the Court to provide muchneeded guidance with respect to the following important questions:
-
Whether the right to due process on appeal is violated where an appellate court invokes and relies on a legal argument that was not presented by an opposing party or otherwise mentioned prior to the issuance of the court’s decision.
-
Whether the right to due process on appeal is violated where an appellate court declines to acknowledge presented arguments, binding authorities, or material facts.
-
Whether a prophylactic rule of procedure, imposed pursuant to this Court’s supervisory authority, is warranted to deter federal courts of appeals from crafting decisions based on arguments, authorities, and material facts that differ from those presented in the parties’ briefs.
Counsel of record
For petitioner
Lucas Arment Anderson
Rothman. Schneider, Soloway & Stern, LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 17 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 15 2025Reply of petitioner Adrian Goudelock filed. (Distributed)
- Dec 01 2025Brief of respondent United States in opposition filed.
- Oct 31 2025Brief amici curiae of Second Circuit Federal Defender Organizations, et al. filed.
- Oct 22 2025Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2025.
- Oct 21 2025Motion to extend the time to file a response from October 31, 2025 to December 1, 2025, submitted to The Clerk.
- Oct 01 2025Response Requested. (Due October 31, 2025)
- Sep 25 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 23 2025Waiver of right of respondent United States to respond filed.
- Sep 02 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2025)
- Jul 09 2025Application (25A19) granted by Justice Sotomayor extending the time to file until September 2, 2025.
- Jun 26 2025Application (25A19) to extend the time to file a petition for a writ of certiorari from July 24, 2025 to September 2, 2025, submitted to Justice Sotomayor.