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
 
Proceedings and Orders
Jan 31 2023 Petition for a writ of certiorari filed. (Response due March 6, 2023)
Petition Certificate of Word Count Proof 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 Document Proof of Service Certificate of Word Count
Apr 05 2023 Brief of respondent Georgia in opposition filed.
Main Document Proof of Service Certificate of Word Count
Apr 14 2023 Reply of petitioner Damian McElrath filed.
Main Document Proof of Service Certificate 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.
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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 Document Certificate of Word Count Proof of Service
Aug 29 2023 Joint appendix filed. (Statement of costs filed)
Main Document Proof of Service
Sep 05 2023 Brief amicus curiae of Georgia Association of Criminal Defense Lawyers (GACDL) filed.
Main Document Certificate of Word Count Proof of Service
Sep 05 2023 Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Main Document Certificate of Word Count Proof of Service
Oct 12 2023 SET FOR ARGUMENT on Tuesday, November 28, 2023.
Oct 13 2023 Brief of respondent Georgia filed.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof 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 Document Proof of Service Certificate of Word Count
Nov 13 2023 Reply of petitioner Damian McElrath filed. (Distributed)
Main Document Certificate of Word Count Proof 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.
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Attorneys
Attorneys for Petitioners
Richard A. Simpson
Counsel of Record
Wiley Rein, LLP
2050 M Street, NW
Washington, DC 20036

RSIMPSON@WILEY.LAW
Ph: 202-719-7314
Party name: Damian McElrath


Attorneys for Respondents
Stephen John Petrany
Counsel of Record
Georgia Department of Law
40 Capitol Square SW
Atlanta, GA 30334

SPETRANY@LAW.GA.GOV
Ph: 404-458-3408
Party name: Georgia


Other Attorneys
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
Ph: 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
Ph: 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
Ph: 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
Ph: 4048355553
Party name: Georgia Association of Criminal Defense Lawyers (GACDL)