| No. 20-443 | |
| Title: | United States, Petitioner v. Dzhokhar A. Tsarnaev |
| Docketed: | October 6, 2020 |
| Lower Ct: | United States Court of Appeals for the First Circuit |
| Case Numbers: | (16-6001) |
| Decision Date: | July 31, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 06 2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020) |
| PetitionProof of Service | |
| Oct 20 2020 | Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk. |
| Main Document | |
| Oct 21 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020. |
| Nov 05 2020 | Brief amicus curiae of The National Fraternal Order of Police filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 23 2020 | United States opposition to respondent's 30-day extension request not accepted for filing. (November 23, 2020 - corrected letter to be submitted) |
| Nov 23 2020 | Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk. |
| Main Document | |
| Nov 23 2020 | Response to motion for an extension of time from petitioner United States filed. |
| Main Document | |
| Nov 24 2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 17, 2020. |
| Dec 17 2020 | Brief of respondent Dzhokhar A. Tsarnaev in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 18 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed. |
| Main Document | |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Dec 23 2020 | Reply of petitioner United States filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021. |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Feb 22 2021 | DISTRIBUTED for Conference of 2/26/2021. |
| Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021. |
| Mar 15 2021 | DISTRIBUTED for Conference of 3/19/2021. |
| Mar 22 2021 | Petition GRANTED. |
| Mar 26 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Apr 15 2021 | 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 June 14, 2021. The time to file respondent's brief on the merits is extended to and including August 20, 2021. |
| Apr 22 2021 | Blanket Consent filed by Respondent, Dzhokhar A. Tsarnaev |
| Blanket Consent | |
| Apr 28 2021 | Blanket Consent filed by Petitioner, United States |
| Blanket Consent | |
| May 05 2021 | Brief amici curiae of James Fetzer, Ph. D., et al. filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jun 14 2021 | Joint appendix Volume I and II filed. (Statement of costs filed) |
| Main DocumentMain DocumentMain DocumentProof of Service | |
| Jun 14 2021 | Brief of petitioner United States filed. |
| Proof of ServiceMain Document | |
| Jun 14 2021 | Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record filed by petitioner United States. |
| Main DocumentProof of Service | |
| Jun 14 2021 | Joint appendix Volume III (Redacted) filed. (Docketed 8/2/21). |
| Main DocumentProof of Service | |
| Jun 21 2021 | Brief amicus curiae of American Bar Association filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 21 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 21 2021 | Brief amicus curiae of The National Fraternal Order of Police filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 13 2021 | ARGUMENT SET FOR Wednesday, October 13, 2021. |
| Jul 28 2021 | Record requested from the U.S.C.A. 1st Circuit. |
| Aug 02 2021 | Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record GRANTED. |
| Aug 03 2021 | CIRCULATED |
| Aug 20 2021 | Brief of respondent Dzhokhar A. Tsarnaev filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 25 2021 | Brief amici curiae of Interested Evidence and Sentencing Law Professors filed. ((Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 27 2021 | Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Inc., National Association of Criminal Defense Lawyers, and the Rutherford Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 27 2021 | Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 27 2021 | Brief amici curiae of Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 27 2021 | Brief amicus curiae of Michael J.Z. Mannheimer filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 14 2021 | Record received from the U.S.C.A. 1st Circuit (1 Box - including several CDs and thumb-drives of sealed material). Notation that district court was instructed to transmit its record material to the Clerk. |
| Sep 20 2021 | Reply of petitioner United States filed. (Distributed) |
| Proof of ServiceMain Document | |
| Sep 29 2021 | The record received from the U.S.D.C. Dist. of Massachusetts has been electronically filed. |
| Oct 04 2021 | Letter of petitioner clarifying joint appendix arrangement filed. |
| Main Document | |
| Oct 13 2021 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Ginger D. Anders, Washington, D. C. |
| Mar 04 2022 | Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Barrett, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Sotomayor, J., joined except as to Part II–C. |
| Apr 05 2022 | judgment issued. |
| Dec 21 2022 | Record returned to the U.S.C.A. 1st Circuit (1 box of sealed materials). |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar 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 | ||
| Ginger D. Anders Counsel of Record | Munger, Tolles & Olson LLP 601 Massachusetts Avenue, NW Suite 500E Washington, DC 20001-5369 ginger.anders@mto.com | 2022201107 |
| Party name: Dzhokhar A. Tsarnaev | ||
| Other | ||
| John Remington Graham Counsel of Record | 180 Haut de la Paroisse St-Agapit, XX G0S 1Z0 jack.graham@globetrotter.net | 418-888-5049 |
| Party name: James Fetzer, Ph. D., et al. | ||
| William McGinley Jay Counsel of Record | Goodwin Procter, LLP 1900 N Street, N.W. Washington, DC 20036 WJay@goodwinlaw.com | 2023464000 |
| Party name: The National Fraternal Order of Police | ||
| Jennifer Michelle Keighley Counsel of Record | Orrick Herrington & Sutcliffe LLP 51 W. 52nd Street New York, NY 10019 jkeighley@orrick.com | (212) 506-3584 |
| Party name: Michael J.Z. Mannheimer | ||
| Stephen Michael Nickelsburg Counsel of Record | Clifford Chance US LLP 2001 K Street NW Washington, DC 20006 steve.nickelsburg@cliffordchance.com | (202) 912-5000 |
| Party name: Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva | ||
| Kent S. Scheidegger Counsel of Record | Criminal Justice Legal Fdtn. 2131 L Street Sacramento, CA 95816 briefs@cjlf.org | 9164460345 |
| Party name: Criminal Justice Legal Foundation | ||
| Kannon K. Shanmugam Counsel of Record | Paul, Weiss, Rifkind, Wharton & Garrison LLP 2001 K Street, N.W. Washington, DC 20006 kshanmugam@paulweiss.com | (202) 223-7300 |
| Party name: Retired Federal Judges and Former Federal Prosecutors | ||
| Catherine Emily Stetson Counsel of Record | Hogan Lovells US LLP 555 13th Street, N.W. Washington, DC 20004-1109 cate.stetson@hoganlovells.com | 2026375491 |
| Party name: American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Inc., National Association of Criminal Defense Lawyers, and the Rutherford Institute | ||
| Dean Arthur Strang Counsel of Record | StrangBradley, LLC 613 Williamson Street Suite 204 Madison, WI 53703 dean@strangbradley.com | 608-535-1550 |
| Party name: Interested Evidence and Sentencing Law Professors | ||