| 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 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Dec 14 2020 | Petition for a writ of certiorari filed. (Response due January 19, 2021) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Dec 21 2020 | Application (20A116) to recall and stay mandate, submitted to Justice Kavanaugh. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Dec 30 2020 | Motion 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 2020 | Response to application (20A116) requested by Justice Kavanaugh, due Tuesday, January 12, 2021, by 4 p.m. ET. |
| Jan 04 2021 | Motion 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 2021 | Response to application from respondent Ervine Davenport filed. |
| Main Document | |
| Jan 19 2021 | Reply of applicant Mike Brown, Acting Warden filed. |
| ReplyProof of Service | |
| Jan 21 2021 | Letter of applicant Mike Brown, Acting Warden received. |
| Main DocumentProof of Service | |
| Feb 01 2021 | Application (20A116) referred to the Court. |
| Feb 01 2021 | Application (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 2021 | Brief of respondent Ervine Davenport in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 08 2021 | Reply of petitioner Mike Brown, Acting Warden filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 10 2021 | DISTRIBUTED for Conference of 3/26/2021. |
| Mar 29 2021 | DISTRIBUTED for Conference of 4/1/2021. |
| Apr 05 2021 | Petition GRANTED. |
| Apr 20 2021 | Motion for an extension of time filed. |
| Main DocumentProof of Service | |
| Apr 22 2021 | 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 June 10, 2021. The time to file respondent's brief on the merits is extended to and including August 2, 2021. |
| May 12 2021 | Blanket Consent filed by Petitioner, Mike Brown, Acting Warden |
| Blanket ConsentProof of Service | |
| Jun 10 2021 | Brief of petitioner Mike Brown, Acting Warden filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 10 2021 | Joint appendix volume I, II, and III filed. (Statement of costs filed) |
| Main DocumentMain DocumentMain DocumentProof of Service | |
| Jun 17 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 17 2021 | Brief amici curiae of States of Arkansas, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 17 2021 | Brief amici curiae of Jonathan F. Mitchell & Adam K. Mortara filed. |
| Main DocumentProof of Service | |
| Jul 01 2021 | Corrected Certificate of Word Compliance filed with respect to amici curiae of Jonathan F. Mitchell and Adam K. Mortara. |
| Main Document | |
| Jul 13 2021 | ARGUMENT SET FOR Tuesday, October 5, 2021. |
| Jul 28 2021 | Record requested from the U.S.C.A. 6th Circuit. |
| Jul 28 2021 | Record received from the U.S.C.A. 6th Circuit has been electronically filed. |
| Aug 02 2021 | Brief of respondent Ervine Davenport filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 03 2021 | CIRCULATED |
| Sep 01 2021 | Reply of petitioner Mike Brown, Acting Warden filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 05 2021 | Argued. For petitioner: Fadwa A. Hammoud, Solicitor General, Lansing, Mich. For respondent: Tasha Bahal, Boston, Mass. |
| Apr 21 2022 | Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. |
| May 23 2022 | Judgment Issued |
| NAME | ADDRESS | PHONE |
| 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 | ||