Betterman v. Montana
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-1457 | Mont. | Mar 28, 2016 | May 19, 2016 | 8-0 | Ginsburg | OT 2015 |
Holding: The Sixth Amendment's speedy trial guarantee does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges.
Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on May 19, 2016. Justice Thomas filed a concurring opinion, in which Justice Alito joined. Justice Sotomayor filed a concurring opinion.
SCOTUSblog Coverage
- Opinion analysis: “Speedy trial” guarantee does not apply to sentencing (Rory Little, May 19, 2016)
- Betterman argument analysis: What “prejudice” counts, and what is the remedy, for an inordinate delay in sentencing? (Rory Little, March 29, 2016)
- Argument preview: A “clean” constitutional question – does the speedy trial right apply to sentencing? (Rory Little, March 21, 2016)
- Court to rule on Puerto Rico debt-relief options (Lyle Denniston, December 4, 2015)
| Date | Proceedings and Orders |
|---|---|
| Apr 21 2015 | Application (14A1084) to extend the time to file a petition for a writ of certiorari from May 11, 2015 to June 10, 2015, submitted to Justice Kennedy. |
| Apr 23 2015 | Application (14A1084) granted by Justice Kennedy extending the time to file until June 10, 2015. |
| Jun 10 2015 | Petition for a writ of certiorari filed. (Response due July 13, 2015) |
| Jul 2 2015 | Waiver of right of respondent Montana to respond filed. |
| Jul 15 2015 | DISTRIBUTED for Conference of September 28, 2015. |
| Aug 17 2015 | Response Requested . (Due September 16, 2015) |
| Sep 11 2015 | Order extending time to file response to petition to and including October 16, 2015. |
| Oct 16 2015 | Brief of respondent Montana in opposition filed. |
| Nov 2 2015 | Reply of petitioner Brandon Thomas Betterman filed. |
| Nov 4 2015 | DISTRIBUTED for Conference of November 24, 2015. |
| Nov 30 2015 | DISTRIBUTED for Conference of December 4, 2015. |
| Dec 4 2015 | Petition GRANTED. |
| Jan 19 2016 | Joint appendix filed. (Statement of costs filed) |
| Jan 19 2016 | Brief of petitioner Brandon Thomas Betterman filed. |
| Jan 26 2016 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Jan 29 2016 | SET FOR ARGUMENT ON Monday, March 28, 2016 |
| Feb 2 2016 | Record received from the Supreme Court of Montana. (1 Envelope) |
| Feb 5 2016 | Record received from U.S.D.C. Montana Second Judicial District. (1 Envelope) |
| Feb 18 2016 | Brief of respondent Montana filed. |
| Feb 23 2016 | CIRCULATED. |
| Feb 25 2016 | Brief amicus curiae of United States filed. (Distributed) |
| Feb 25 2016 | Brief amici curiae of Indiana, et al. filed. (Distributed) |
| Feb 25 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 7 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Mar 15 2016 | Reply of petitioner Brandon Thomas Betterman filed. (Distributed) |
| Mar 28 2016 | Argued. For petitioner: Fred A. Rowley, Jr., Los Angeles, Cal. For respondent: Dale Schowengerdt, Solicitor General, Helena, Mont.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| May 19 2016 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Alito, J., joined. Sotomayor, J., filed a concurring opinion. |
| Jun 20 2016 | JUDGMENT ISSUED |
| Jun 20 2016 | MANDATE ISSUED |
| Jul 26 2016 | Records from Supreme Court of Montana has been returned. |
