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Docket for 04-1324
No. 04-1324
Title:
Patrick Day, Petitioner
v.
James R. McDonough, Interim Secretary, Florida Department of Corrections
Docketed:April 1, 2005
Linked with 04A713
Lower Ct:United States Court of Appeals for the Eleventh Circuit
  Case Nos.:(04-10778)
  Decision Date:November 29, 2004
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Feb 15 2005 Application (04A713) to extend the time to file a petition for a writ of certiorari from February 27, 2005 to March 30, 2005, submitted to Justice Kennedy.
Feb 17 2005 Application (04A713) granted by Justice Kennedy extending the time to file until March 30, 2005.
Mar 30 2005 Petition for a writ of certiorari filed. (Response due May 2, 2005)
Apr 1 2005 Motion for leave to file amici brief filed by Professors John H. Blume, et al.
Apr 11 2005 Motion for leave to file amicus brief filed by National Association of Criminal Defense Lawyers.
Apr 22 2005 Waiver of right of respondent James V. Crosby, Jr., Secretary, Florida Department of Corrections to respond filed.
May 3 2005 DISTRIBUTED for Conference of May 19, 2005.
May 13 2005 Response Requested . (Due June 13, 2005)
Jun 2 2005 Order extending time to file response to petition to and including July 13, 2005.
Jul 8 2005 Brief of respondent James V. Crosby, Jr., Secretary, Florida Department of Corrections in opposition filed.
Jul 19 2005 Reply of petitioner Patrick A. Day filed. (Distributed)
Jul 20 2005 DISTRIBUTED for Conference of September 26, 2005.
Sep 27 2005 Motion for leave to file amicus brief filed by Professors John H. Blume, et al. GRANTED.
Sep 27 2005 Motion for leave to file amicus brief filed by National Association of Criminal Defense Lawyers GRANTED.
Sep 27 2005 Petition GRANTED.
Oct 18 2005 Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including November 30, 2005.
Nov 27 2005 SET FOR ARGUMENT on Monday, February 27, 2006.
Nov 30 2005 Brief of petitioner Patrick Day filed.
Nov 30 2005 Joint appendix filed.
Nov 30 2005 Brief amicus curiae of National Association of Criminal Defense lawyers filed.
Nov 30 2005 Brief amici curiae of Professors John H. Blume, et al. filed.
Nov 30 2005 Brief amici curiae of Civil Procedure and Federal Courts Professors Janet Cooper, et al. filed.
Dec 9 2005 CIRCULATED.
Dec 14 2005 Extension of time within which to file respondent's brief on the merits to and including January 17, 2006.
Jan 17 2006 Brief amicus curiae of United States filed. (Distributed)
Jan 17 2006 Brief of respondent James V. Crosby, Jr., Secretary, Florida Department of Corrections filed. (Distributed)
Jan 17 2006 Brief amici curiae of Texas, and 30 Other States filed. (Distributed)
Jan 18 2006 Record received from U.S.C.A. 11th Circuit. (1 envelope)
Jan 19 2006 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 23 2006 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 24 2006 Record received from U.S.D.C. Northern Dist. of Florida (Pensacola). 1 Box
Feb 16 2006 Reply of petitioner Patrick Day filed. (Distributed)
Feb 27 2006 Argued. For petitoner: J. Brett Busby, Houston, Tex. For respondent: Christopher M. Kise, Solicitor General, Tallahassee, Fla.; and Douglas Hallward-Driemeier, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for the United States, as amicus curiae.)
Apr 25 2006 Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Souter, and Alito, JJ., joined. Stevens, J.,filed an opinion dissenting from the judgment, in which Breyer, J., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Breyer, JJ., joined.
May 22 2006 Petition for Rehearing filed.
May 30 2006 DISTRIBUTED for Conference of June 15, 2006.
Jun 19 2006 The respondent is invited to file a response to the petition for rehearing within thirty days.
Jul 19 2006 Response to petition for rehearing from respondent filed.
Jul 27 2006 Response DISTRIBUTED.
Aug 16 2006 DISTRIBUTED for Conference of September 25, 2006.
Aug 31 2006 Reply of petitioner in support of rehearing filed. (Distributed)
Feb 20 2007 DISTRIBUTED for Conference of February 23, 2007.
Feb 26 2007 Rehearing DENIED.
Feb 26 2007 JUDGMENT ISSUED.
Aug 14 2007 Record returned to the U.S.C.A. for the 11th Circuit.
Aug 14 2007 Record returned to the U.S.D.C. for the Northern District of Florida



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
J. Brett Busby Bracewell & Giuliani LLP(713) 223-2300
711 Louisiana Street, Suite 2300
Houston, TX  77002
brett.busby@bgllp.com
Party name: Patrick Day
Attorneys for Respondent:
Charles R. McCoy Office of the Attorney General(850) 414-3300
    Counsel of RecordThe Capitol, Suite PL-01
Tallahassee, FL  32399-1050
Party name: James R. McDonough, Interim Secretary, Florida Department of Corrections
 
Christopher M. Kise Solicitor General of Florida(850) 414-3681
PL-01, The Capitol
Tallahassee, FL  32399
Party name: James R. McDonough, Interim Secretary, Florida Department of Corrections
Other:
Paul D. Clement Acting Solicitor General(202) 514-2217
Department of Justice
Washington, DC  20530
Party name: United States
 
Douglas Hallward-Driemeier Assistant to the Solicitor General(202) 514-2201
Department of Justice
Washington, DC  20530
Party name: Patrick Day v. James R. McDonough, Interim Secretary, Florida Department of Corrections
 
Stephen B. Kinnaird Paul Hastings LLP(202) 551-1700
875 15th Street, N.W.
Washington, DC  20005
stephenkinnaird@paulhastings.com
Party name: National Association of Criminal Defense lawyers
 
Jeffrey A. Lamken MoloLamken LLP(202) 556-2000
The Watergate, Suite 660
600 New Hampshire Ave., NW
Washington, DC  20037
jlamken@mololamken.com
Party name: Civil Procedure and Federal Courts, et al.
 
Elaine Metlin Dickstein Shapiro Morin & Oshinsky LLP(202) 785-9700
2101 L Street NW
Washington, DC  20037-1526
Party name: Professors John H. Blume, et al.
 
Ellen Stewart-Klein Assistant Attorney General(512) 936-1400
Office of the Attorney General of Texas
Post Conviction Litigation Division
Post Office Box 12548
Capitol Station
Austin, TX  78711-2548
Party name: Texas, and 30 Other States
October 24, 2014 | Version 2014.1