United States v. Davila
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-167 | 11th Cir. | Apr 15, 2013 | Jun 13, 2013 | 9-0 | Ginsburg | OT 2012 |
Holding: When a federal judge participates in plea negotiations, contrary to Federal Rule of Criminal Procedure 11(c),the defendant's guilty plea does not need to be vacated if there is no evidence in the record of prejudice to the defendant’s decision to plead guilty.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 13, 2013. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.
SCOTUSblog Coverage
- Opinion analysis: Court rules unanimously that federal judicial participation in guilty pleas is subject to harmless error review (Rory Little, June 13, 2013)
- Details on United States v. Davila (Amy Howe, June 13, 2013)
- Argument recap: Nothing surprising except who sits where (Rory Little, April 18, 2013)
- Should judicial participation in plea discussions be automatically reversible? “No pressure” if the Justices stick to the Question Presented (Rory Little, April 12, 2013)
- Three cases granted (Lyle Denniston, January 4, 2013)
| Date | Proceedings and Orders |
|---|---|
| Jun 25 2012 | Application (11A1243) to extend the time to file a petition for a writ of certiorari from July 5, 2012 to August 4, 2012, submitted to Justice Thomas. |
| Jun 26 2012 | Application (11A1243) granted by Justice Thomas extending the time to file until August 4, 2012. |
| Aug 3 2012 | Petition for a writ of certiorari filed. (Response due September 3, 2012) |
| Sep 19 2012 | DISTRIBUTED for Conference of October 5, 2012. |
| Sep 20 2012 | Response Requested . (Due October 22, 2012) |
| Oct 9 2012 | Order extending time to file response to petition to and including November 30, 2012. |
| Nov 29 2012 | Brief of respondent Anthony Davila in opposition filed. |
| Dec 11 2012 | Reply of petitioner United States filed. |
| Dec 12 2012 | DISTRIBUTED for Conference of January 4, 2013. |
| Jan 4 2013 | Petition GRANTED. |
| Feb 11 2013 | SET FOR ARGUMENT ON Monday, April 15, 2013 |
| Feb 13 2013 | Joint appendix filed. (Statement of costs filed.) |
| Feb 13 2013 | Brief of petitioner United States filed. |
| Mar 1 2013 | CIRCULATED. |
| Mar 4 2013 | Record received from U.S.D.C. for Southern District of Georgia. (1 box) There are sealed documents in this record. |
| Mar 11 2013 | Record received from U.S.C.A. for 11th Circuit. |
| Mar 15 2013 | Brief of respondent Anthony Davila filed. (Distributed) |
| Mar 22 2013 | Brief amici curiae of 57 Criminal Law and Procedure Professors filed. (Distributed) |
| Mar 22 2013 | Brief amici curiae of Scholars and practitioners of legal and judicial ethics, et al. filed. (Distributed) |
| Mar 22 2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| Apr 8 2013 | Reply of petitioner United States filed. (Distributed) |
| Apr 15 2013 | Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Robert M. Yablon, Washington, D. C. |
| Jun 13 2013 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. |
| Jul 15 2013 | JUDGMENT ISSUED. |
| Jul 24 2013 | Record returned to U.S.C.A. for 11th Circuit. |
| Jul 24 2013 | Record returned to U.S.D.C. for the Southern District of Georgia. |
