| No. 22-721 | |
| Title: | Damian McElrath, Petitioner v. Georgia |
| Docketed: | February 2, 2023 |
| Lower Ct: | Supreme Court of Georgia |
| Case Numbers: | (S22A0605) |
| Decision Date: | November 2, 2022 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 31 2023 | Petition for a writ of certiorari filed. (Response due March 6, 2023) |
| PetitionCertificate of Word CountProof of Service | |
| Feb 06 2023 | Motion to extend the time to file a response from March 6, 2023 to April 5, 2023, submitted to The Clerk. |
| Main Document | |
| Feb 07 2023 | Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2023. |
| Mar 06 2023 | Brief amicus curiae of Georgia Association of Criminal Defense Lawyers filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 05 2023 | Brief of respondent Georgia in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 14 2023 | Reply of petitioner Damian McElrath filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 19 2023 | DISTRIBUTED for Conference of 5/11/2023. |
| May 01 2023 | Record Requested. |
| May 04 2023 | Electronic record received from the Supreme Court of Georgia. |
| May 09 2023 | DISTRIBUTED for Conference of 5/25/2023. |
| May 22 2023 | Rescheduled. |
| May 30 2023 | DISTRIBUTED for Conference of 6/1/2023. |
| May 30 2023 | Rescheduled. |
| Jun 05 2023 | DISTRIBUTED for Conference of 6/8/2023. |
| Jun 05 2023 | Rescheduled. |
| Jun 12 2023 | DISTRIBUTED for Conference of 6/15/2023. |
| Jun 12 2023 | Rescheduled. |
| Jun 20 2023 | DISTRIBUTED for Conference of 6/22/2023. |
| Jun 29 2023 | DISTRIBUTED for Conference of 6/29/2023. |
| Jun 30 2023 | Petition GRANTED. |
| Jul 10 2023 | Motion for an extension of time within which to file the briefs on the merits filed. |
| Main Document | |
| Jul 19 2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2023. The time to file respondent's brief on the merits is extended to and including October 13, 2023. |
| Aug 29 2023 | Brief of petitioner Damian McElrath filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2023 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Sep 05 2023 | Brief amicus curiae of Georgia Association of Criminal Defense Lawyers (GACDL) filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 05 2023 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 12 2023 | SET FOR ARGUMENT on Tuesday, November 28, 2023. |
| Oct 13 2023 | Brief of respondent Georgia filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 17 2023 | Record requested from the Supreme Court of Georgia. |
| Oct 19 2023 | Brief amicus curiae of District Attorneys’ Association of Georgia filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 19 2023 | CIRCULATED |
| Oct 20 2023 | Additional electronic materials received from the Supreme Court of Georgia. |
| Oct 20 2023 | Brief amici curiae of Missouri, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 13 2023 | Reply of petitioner Damian McElrath filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 28 2023 | Argued. For petitioner: Richard A. Simpson, Washington, D. C. For respondent: Stephen J. Petrany, Solicitor General, Atlanta, Ga. |
| Feb 21 2024 | Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. Alito, J, filed a concurring opinion. |
| Mar 25 2024 | Judgment and Mandate Issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Richard A. Simpson Counsel of Record | Wiley Rein, LLP 2050 M Street, NW Washington, DC 20036 RSIMPSON@WILEY.LAW | 202-719-7314 |
| Party name: Damian McElrath | ||
| Attorneys for Respondent | ||
| Stephen John Petrany Counsel of Record | Georgia Department of Law 40 Capitol Square SW Atlanta, GA 30334 SPETRANY@LAW.GA.GOV | 404-458-3408 |
| Party name: Georgia | ||
| Other | ||
| Joshua Michael Divine Counsel of Record | Office of the Missouri Attorney General Solicitor General 207 West High Street Jefferson City, MO 65101 josh.divine@ago.mo.gov | 573-751-8870 |
| Party name: State of Missouri | ||
| Carmen Gloria Iguina Gonzalez Counsel of Record | Kaplan Hecker & Fink LLP 1050 K Street NW Suite 1040 Washington, DC 20001 ciguina@kaplanhecker.com | 212-763-0883 |
| Party name: National Association of Criminal Defense Lawyers, American Civil Liberties Union, and American Civil Liberties Union of Georgia | ||
| Robert Wright Smith Jr. Counsel of Record | Prosecuting Attorneys' Council of Georgia 1590 Adamson Parkway Fourth Floor Morrow, GA 30260-1755 rwsmith@pacga.org | 7702826300 |
| Party name: District Attorneys' Association of Georgia | ||
| Gregory Allen Willis Counsel of Record | Willis Law Firm, PC 6000 Lake Forrest Drive Ste 375 Atlanta, GA 30328 Gw@willislawga.com | 4048355553 |
| Party name: Georgia Association of Criminal Defense Lawyers (GACDL) | ||