| No. 17-1672 | |
| Title: | United States, Petitioner v. Andre Ralph Haymond |
| Docketed: | June 15, 2018 |
| Linked with 17A1065 | |
| Lower Ct: | United States Court of Appeals for the Tenth Circuit |
| Case Numbers: | (16-5156) |
| Decision Date: | August 31, 2017 |
| Rehearing Denied: | January 16, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Apr 03 2018 | Application (17A1065) to extend the time to file a petition for a writ of certiorari from April 16, 2018 to May 16, 2018, submitted to Justice Sotomayor. |
| Proof of ServiceMain Document | |
| Apr 04 2018 | Application (17A1065) granted by Justice Sotomayor extending the time to file until May 16, 2018. |
| May 03 2018 | Application (17A1065) to extend further the time from May 16, 2018 to June 15, 2018, submitted to Justice Sotomayor. |
| Proof of ServiceWritten Request | |
| May 03 2018 | Application (17A1065) granted by Justice Sotomayor extending the time to file until June 15, 2018. |
| Jun 15 2018 | Petition for a writ of certiorari filed. (Response due July 16, 2018) |
| PetitionProof of Service | |
| Jun 28 2018 | Motion of Andre Ralph Haymond for an extension of time not accepted for filing (corrected version submitted). (June 29, 2018) |
| Jun 28 2018 | Motion to extend the time to file a response from July 16, 2018 to August 15, 2018, submitted to The Clerk. |
| Main Document | |
| Jun 29 2018 | Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2018. |
| Aug 07 2018 | Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk. |
| Main Document | |
| Aug 13 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including September 14, 2018. |
| Sep 13 2018 | Brief of respondent Andre Ralph Haymond in opposition filed. |
| Main DocumentMain Document | |
| Sep 13 2018 | Motion for leave to proceed in forma pauperis filed by respondent Andre Ralph Haymond. |
| Main Document | |
| Sep 26 2018 | Waiver of the 14-day waiting period pursuant to Rule 15.5 filed by the Solicitor General. |
| Main Document | |
| Sep 26 2018 | DISTRIBUTED for Conference of 10/12/2018. |
| Sep 26 2018 | Reply of petitioner United States filed. (Distributed) |
| Proof of ServiceMain Document | |
| Oct 22 2018 | DISTRIBUTED for Conference of 10/26/2018. |
| Oct 26 2018 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Oct 26 2018 | Petition GRANTED. |
| Nov 19 2018 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Nov 20 2018 | Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 17, 2018. The time to file respondent's brief on the merits is extended to and including January 18, 2019. |
| Dec 06 2018 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| Proof of ServiceMain Document | |
| Dec 17 2018 | Brief of petitioner United States filed. |
| Proof of ServiceMain Document | |
| Dec 21 2018 | SET FOR ARGUMENT for Tuesday, February 26, 2019. |
| Dec 21 2018 | Brief amici curiae of States of Utah, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 07 2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Jan 11 2019 | Record requested from the U.S.C.A. 10th Circuit. |
| Jan 15 2019 | CIRCULATED |
| Jan 16 2019 | Record from the U.S.C.A. 10th Circuit is electronic and located on PACER. The record is complete. |
| Jan 18 2019 | Brief of respondent Andre Ralph Haymond filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 25 2019 | Blanket Consent filed by Respondent, Andre Ralph Haymond. |
| Blanket Consent | |
| Jan 25 2019 | Brief amici curiae of FAMM and the National Association of Criminal Defense Lawyers filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 25 2019 | Brief amicus curiae of Due Process Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 25 2019 | Brief amici curiae of Social Science and Law Scholars filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 01 2019 | Letter Proposing Material for Lodging of Andre Ralph Haymond not accepted for filing. (Request withdrawn as record material received from Tenth Circuit. February 19, 2019) |
| Feb 14 2019 | Reply of petitioner United States filed. (Distributed) |
| Main DocumentProof of Service | |
| Feb 26 2019 | Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: William D. Lunn, Tulsa, Okla. |
| Apr 19 2019 | Motion for appointment of counsel filed by respondent Andre Ralph Haymond. |
| Main Document | |
| Apr 19 2019 | Affidavit of service to motion for appointment of counsel filed. (May 29, 2019) |
| Main Document | |
| May 28 2019 | DISTRIBUTED for Conference of 6/13/2019. |
| Jun 17 2019 | Motion to appoint counsel filed by respondent GRANTED, and William D. Lunn, Esq., of Tulsa, Oklahoma, is appointed to serve as counsel for respondent in this case. |
| Jun 26 2019 | Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined. |
| Jul 29 2019 | JUDGMENT ISSUED> |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Attorneys for Respondent | ||
| William Dixon Lunn Jr. Counsel of Record | Attorney At Law 320 S. Boston, #1130 Tulsa, OK 74103 wlunn@peoplepc.com | 918-582-9977 |
| Party name: Andre Ralph Haymond | ||
| Other | ||
| David Thomas Goldberg Counsel of Record | DONAHUE, GOLDBERG & WEAVER, LLP 109 South 5th St., Suite 4201 Brooklyn, NY 11249 david@donahuegoldberg.com | 212-334-8813 |
| Party name: Due Process Institute | ||
| Tyler Green Counsel of Record | Utah Solicitor General 350 N. State Street, Suite 230 Salt Lake City, UT 84114-2320 tylergreen@agutah.gov | (801) 538-9600 |
| Party name: States of Utah, et al. | ||
| Daniel E. Gustafson Counsel of Record | Gustafson Gluek, PLLC Canadian Pacific Plaza 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 dgustafson@gustafsongluek.com | (612) 333-8844 |
| Party name: Social Science and Law Scholars | ||
| Rakesh Nageswar Kilaru Counsel of Record | Wilkinson Walsh & Eskovitz LLP 2001 M St NW 10th Floor Washington, DC 20036 rkilaru@wilkinsonwalsh.com | 202-847-4000 |
| Party name: FAMM and the National Association of Criminal Defense Lawyers | ||