No. 20-826
Title:Mike Brown, Acting Warden, Petitioner
v.
Ervine Davenport
Docketed:December 18, 2020
Linked with 20A116
Lower Ct:United States Court of Appeals for the Sixth Circuit
   Case Numbers:(17-2267)
   Decision Date:June 30, 2020
   Rehearing Denied:September 15, 2020
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Dec 14 2020Petition for a writ of certiorari filed. (Response due January 19, 2021)
PetitionAppendixCertificate of Word CountProof of Service
Dec 21 2020Application (20A116) to recall and stay mandate, submitted to Justice Kavanaugh.
Main DocumentLower Court Orders/OpinionsProof of Service
Dec 30 2020Motion to extend the time to file a response to the petition for a writ of certiorari from January 19, 2021 to February 18, 2021, submitted to The Clerk.
Main Document
Dec 31 2020Response to application (20A116) requested by Justice Kavanaugh, due Tuesday, January 12, 2021, by 4 p.m. ET.
Jan 04 2021Motion to extend the time to file a response to the petition for a writ of certiorari is granted and the time is extended to and including February 18, 2021.
Jan 12 2021Response to application from respondent Ervine Davenport filed.
Main Document
Jan 19 2021Reply of applicant Mike Brown, Acting Warden filed.
ReplyProof of Service
Jan 21 2021Letter of applicant Mike Brown, Acting Warden received.
Main DocumentProof of Service
Feb 01 2021Application (20A116) referred to the Court.
Feb 01 2021Application (20A116) granted by the Court. The application to recall and stay the mandate, presented to Justice Kavanaugh and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Sixth Circuit in case No. 17-2267 is recalled and stayed pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor would deny the application.
Feb 18 2021Brief of respondent Ervine Davenport in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Mar 08 2021Reply of petitioner Mike Brown, Acting Warden filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Mar 10 2021DISTRIBUTED for Conference of 3/26/2021.
Mar 29 2021DISTRIBUTED for Conference of 4/1/2021.
Apr 05 2021Petition GRANTED.
Apr 20 2021Motion for an extension of time filed.
Main DocumentProof of Service
Apr 22 2021Motion 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 June 10, 2021. The time to file respondent's brief on the merits is extended to and including August 2, 2021.
May 12 2021Blanket Consent filed by Petitioner, Mike Brown, Acting Warden
Blanket ConsentProof of Service
Jun 10 2021Brief of petitioner Mike Brown, Acting Warden filed.
Main DocumentCertificate of Word CountProof of Service
Jun 10 2021Joint appendix volume I, II, and III filed. (Statement of costs filed)
Main DocumentMain DocumentMain DocumentProof of Service
Jun 17 2021Brief amicus curiae of Criminal Justice Legal Foundation filed.
Main DocumentCertificate of Word CountProof of Service
Jun 17 2021Brief amici curiae of States of Arkansas, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jun 17 2021Brief amici curiae of Jonathan F. Mitchell & Adam K. Mortara filed.
Main DocumentProof of Service
Jul 01 2021Corrected Certificate of Word Compliance filed with respect to amici curiae of Jonathan F. Mitchell and Adam K. Mortara.
Main Document
Jul 13 2021ARGUMENT SET FOR Tuesday, October 5, 2021.
Jul 28 2021Record requested from the U.S.C.A. 6th Circuit.
Jul 28 2021Record received from the U.S.C.A. 6th Circuit has been electronically filed.
Aug 02 2021Brief of respondent Ervine Davenport filed.
Main DocumentCertificate of Word CountProof of Service
Aug 03 2021CIRCULATED
Sep 01 2021Reply of petitioner Mike Brown, Acting Warden filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service

NAMEADDRESSPHONE
Attorneys for Petitioner
Fadwa A. Hammoud
    Counsel of Record
Michigan Department of Attorney General
P.O. Box 30212
Lansing, MI 48909

HammoudF1@michigan.gov
517-335-7628
Party name: Mike Brown, Acting Warden
Attorneys for Respondent
Tasha Joy Bahal
    Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
60 State Street
Boston, MA 02109

Tasha.Bahal@wilmerhale.com
6175266106
Party name: Ervine Davenport
Other
Nicholas Jacob Bronni
    Counsel of Record
Solicitor General of Arkansas
Arkansas Attorney General's Office
323 Center St., Suite 200
Little Rock, AR 72201

nicholas.bronni@arkansasag.gov
501-682-6302
Party name: States of Arkansas, et al.
Taylor Ann Rausch Meehan
    Counsel of Record
Consovoy McCarthy PLLC
1600 Wilson Blvd.
Suite 700
Arlington, VA 22209

taylor@consovoymccarthy.com
3174083650
Party name: Jonathan F. Mitchell & Adam K. Mortara
Kymberlee Claire Stapleton
    Counsel of Record
Criminal Justice Legal Foundation
2131 L Street
Sacramento, CA 95816

kym.stapleton@cjlf.org
916-446-0345
Party name: Criminal Justice Legal Foundation