Docket for 07-343
No. 07-343     *** CAPITAL CASE ***  
Title:
Patrick Kennedy, Petitioner
v.
Louisiana
Docketed:September 13, 2007
Lower Ct:Supreme Court of Louisiana
  Case Nos.:(05-KA-1981)
  Decision Date:May 22, 2007
  Rehearing Denied:June 29, 2007
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 11 2007 Petition for a writ of certiorari filed. (Response due October 15, 2007)
Oct 4 2007 Order extending time to file response to petition to and including November 14, 2007.
Nov 14 2007 Brief amici curiae of National Association of Social Workers, et al. filed.
Nov 14 2007 Brief of respondent Louisiana in opposition filed.
Nov 14 2007 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Nov 14 2007 Motion for leave to file amici brief filed by Louisiana Public Defender Offices in Parishes Impacted by Hurricanes Katrina and Rita.
Nov 27 2007 Reply of petitioner Patrick Kennedy filed.
Nov 28 2007 DISTRIBUTED for Conference of January 4, 2008.
Dec 13 2007 Letter of December 13, 2007, from counsel for petitioner received. (Distributed)
Jan 4 2008 Motion for leave to file amici brief filed by Louisiana Public Defender Offices in Parishes Impacted by Hurricanes Katrina and Rita GRANTED.
Jan 4 2008 Petition GRANTED. The brief of petitioner is to be filed on or before Thursday, February 14, 2008. The brief of respondent is to be filed on or before Wednesday, March 12, 2008. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the Rules of this Court.
Jan 30 2008 SET FOR ARGUMENT ON Wednesday, April 16, 2008.
Feb 12 2008 Consent to the filing of amicus briefs in support of either party, or neither party, received from counsel for the petitioner.
Feb 14 2008 Joint appendix filed. (Statement of costs received)
Feb 14 2008 Brief of petitioner Patrick Kennedy filed.
Feb 15 2008 Consent to the filing of amicus briefs in support of either party, or neither party, received from counsel for the respondent.
Feb 15 2008 Brief amici curiae of Louisiana Association of Criminal Defense Lawyers, et al. filed. (Distributed)
Feb 20 2008 Brief amicus curiae of American Civil Liberties Union, et al. filed.
Feb 21 2008 Brief amici curiae of Leading British Law Associations, et al. filed.
Feb 21 2008 Brief amici curiae of National Association of Social Workers, et al. filed.
Feb 21 2008 Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Mar 5 2008 CIRCULATED.
Mar 12 2008 Brief of respondent Louisiana filed. (Distributed)
Mar 12 2008 Record received from the Supreme Court of Louisiana. (4 boxes)
Mar 19 2008 Brief amici curiae of Missouri Governor Matt Blunt, and Members of the Missouri General Assembly filed. (Distributed)
Mar 19 2008 Brief amici curiae of Texas, et al. filed. (Distributed)
Mar 19 2008 Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Mar 31 2008 Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Apr 4 2008 Reply of petitioner Patrick Kennedy filed. (Distributed)
Apr 14 2008 Letter from counsel for petitioner received and distributed.
Apr 16 2008 Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Juliet L. Clark, Assistant District Attorney, Gretna, LA; and R. Ted Cruz, Solicitor General, Austin, Tex. (for Texas, et al., as amici curiae.)
May 27 2008 Letter of May 27, 2008, from counsel for petitioner received. (Distributed)
Jun 25 2008 Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Thomas, JJ., joined.
Jul 21 2008 Petition for Rehearing filed.
Jul 24 2008 DISTRIBUTED.
Jul 28 2008 Motion for leave to file amicus brief filed by United States. (Distributed)
Sep 8 2008 Petitioner Patrick Kennedy is invited to file a supplemental brief, not to exceed 4,500 words, addressing not only whether rehearing should be granted but also the merits of the issue raised in the petition for rehearing. The brief should be filed with the Clerk and served upon opposing counsel by 2:00 p.m. Wednesday, September 17, 2008. The Solicitor General is invited to file at the same time a brief, not to exceed 2,500 words, expressing the views of the United States. Respondent Louisiana is invited to file a supplemental brief, not to exceed 4,500 words, also addressing the merits of the issue raised in the petition for rehearing. The brief should be filed with the Clerk and served upon opposing counsel by 2:00 p.m. Wednesday, September 24, 2008.
Sep 17 2008 Brief amicus curiae of United States filed. (Distributed)
Sep 17 2008 DISTRIBUTED for Conference of September 29, 2008.
Sep 17 2008 Letter of September 17, 2008, from Acting Solicitor General, withdrawing motion filed July 28, 2008, received. (Distributed)
Sep 17 2008 Brief of petitioner in opposition to the petition for rehearing filed. (Distributed)
Sep 24 2008 Supplemental brief of respondent Louisiana in support of the petition for rehearing filed. (Distributed)
Oct 1 2008 The opinion of the Court is modified. The Petition for Rehearing is DENIED. Justice Thomas and Justice Alito would grant the petition for rehearing. Statement by Justice Kennedy, with whom Justice Stevens, Justice Souter, Justice Ginsburg, and Justice Breyer join, respecting the denial of rehearing. Statement of Justice Scalia, with whom The Chief Justice joins, respecting the denial of rehearing. (Detached Opinion)
Oct 1 2008 JUDGMENT ISSUED.
Oct 19 2008 Acknowledgement of receipt (10/06/08) of judgment from Clerk, Supreme Court of Louisiana received.
Jul 17 2009 Record returned to Supreme Court of Louisiana.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Jeffrey L. Fisher Stanford Law School, Supreme Court Litigation Clinic(650) 724-7081
    Counsel of Record559 Nathan Abbott Way
Stanford, CA  94305-8610
jlfisher@law.stanford.edu
Party name: Patrick Kennedy
Attorneys for Respondent:
Juliet L. Clark Assistant District Attorney(504) 368-1020
    Counsel of Record Jefferson Parish District Attorney's Office
200 Derbigny Street
Courthouse Annex, 4th Floor
Gretna, LA  70053
jclark@jpda.us
Party name: Louisiana
 
Terry M. Boudreaux Assistant District Attorney(504) 368-1020
Jefferson Parish District Attorney's Office
200 Derbigny St.
Courthouse Annex, 4th Floor
Gretna, LA  70053
tboudreaux@jpda.org
Party name: Louisiana
 
Neal Katyal Hogan & Lovells(202) 662-9000
600 New Jersey Ave., N.W.
Washington, DC  20001
neal.katyal@hoganlovells.com
Party name: Louisiana
Other:
Sandra L. Babcock Bluhm Legal Clinic(302) 503-0114
Northwestern Law School
357 E. Chicago Avenue
Chicago, IL  60611
Party name: Leading British Law Associations, et al.
 
Paul R. Baier 4222 Hyacinth Avenue(225) 344-9815
Baton Rouge, LA  70808
paul.baier@law.lsu.edu
Party name: Louisiana Association of Criminal Defense lawyers, et al.
 
Jonathan G. Cedarbaum WilmerHale(202) 663-6000
1875 Pennsylvania Avenue, NW
Washington, DC  20006
Party name: National Association of Criminal Defense Lawyers
 
R. Ted Cruz Solicitor General(512) 936-1824
Office of the Attorney General
P.O. Box 12548, MC-059
Austin, TX  78711-2548
Ted.Cruz@aog.state.tx.us
Party name: Texas, et al.
 
Stuart F. Delery Willmer Cutler Pickering Hale & Dorr(202) 663-6000
1875 Pennsylvania Ave., NW
Washington, DC  20037
Party name: National Association of Criminal Defense Lawyers, et al.
 
Gregory G. Garre Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
Party name: Patrick Kennedy v. Louisiana
 
David M. Gossett Mayer Brown LLP(202) 263-3000
1999 K Street, N.W.
Washington, DC  20006
dgossett@mayerbrown.com
Party name: National Association of Social Workers, et al.
 
John Holdridge American Civil Liberties Union Foundation(919) 682-5659
201 West Main Street, Suite 402
Durham, NC  27701
Party name: American Civil Liberties Union, et al.
 
Christopher Landau Kirkland & Ellis LLP(202) 879-5087
655 Fifteenth Street, N.W.
Washington, DC  20005
clandau@kirkland.com
Party name: Missouri Governor Matt Blunt, and Members of the Missouri General Assembly
 
Robert Bruce McDuff McDuff & Byrd(601) 969-0802
767 North Congress Street
Jackson, MS  39202
rbm@mcdufflaw.com
Party name: Louisiana Public Defender Offices in Parishes Impacted by Hurricanes Katrina and Rita