Stokeling v. United States
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-5554 | Oct 9, 2018 | Jan 15, 2019 | 5-4 | Thomas | OT 2018 |
Holding: The Armed Career Criminal Act"s elements clause encompasses a robbery offense that, like Florida"s law, requires the criminal to overcome the victim"s resistance.
Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on January 15, 2019. Justice Sotomayor filed a dissenting opinion, in which Chief Justice Roberts and Justices Ginsburg and Kagan joined.
SCOTUSblog Coverage
- OT2018 #15: "Second Best Opinion" (First Mondays, January 21, 2019)
- Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) (Rory Little, January 17, 2019)
- OT2018 #3: "Ordinary Pinch" (First Mondays, October 15, 2018)
- Argument analysis: Trying to define robbery and burglary, justices confront the jurisprudential mess of the ACCA (Rory Little, October 10, 2018)
- A "view" from the courtroom: Justice Kavanaugh takes the bench (Mark Walsh, October 9, 2018)
- Argument preview: Do "slight force" robberies count for enhancing Armed Career Criminal Act sentences? (Rory Little, October 2, 2018)
- Criminal cases in the October 2018 term: A law professors dream (Rory Little, September 18, 2018)
- Justices grant one new case, summarily reverse in excessive-force case (Amy Howe, April 2, 2018)
| Date | Proceedings and Orders |
|---|---|
| 06/06/2017 | Application (16A1211) to extend the time to file a petition for a writ of certiorari from July 5, 2017 to August 4, 2017, submitted to Justice Thomas. |
| 06/12/2017 | Application (16A1211) granted by Justice Thomas extending the time to file until August 4, 2017. |
| 08/04/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2017) |
| 08/16/2017 | Waiver of right of respondent United States to respond filed. |
| 08/24/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 08/29/2017 | Supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| 08/31/2017 | Second supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| 09/12/2017 | Response Requested. (Due October 12, 2017) |
| 10/04/2017 | Order extending time to file response to petition to and including November 13, 2017. |
| 11/08/2017 | Order further extending time to file response to petition to and including December 13, 2017. |
| 12/13/2017 | Brief of respondent United States in opposition filed. |
| 12/27/2017 | Reply of petitioner Denard Stokeling filed. |
| 03/01/2018 | DISTRIBUTED for Conference of 3/16/2018. |
| 03/07/2018 | Third supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| 03/19/2018 | DISTRIBUTED for Conference of 3/23/2018. |
| 03/19/2018 | Fourth supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| 03/26/2018 | DISTRIBUTED for Conference of 3/29/2018. |
| 04/02/2018 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 04/24/2018 | Motion for an extension of time to file the briefs on the merits filed. |
| 04/24/2018 | 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 11, 2018. The time to file respondent's brief on the merits is extended to and including August 3, 2018. |
| 06/11/2018 | Joint appendix filed. (Statement of costs filed) |
| 06/11/2018 | Brief of petitioner Denard Stokeling filed. |
| 06/18/2018 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 07/09/2018 | SET FOR ARGUMENT On Tuesday, October 9, 2018 |
| 08/03/2018 | Brief of respondent United States filed. (Distributed) |
| 08/03/2018 | CIRCULATED |
| 08/07/2018 | Record requested from the U.S.C.A. 11th Circuit. |
| 08/07/2018 | Record received from the U.S.D.C. Southern Dist. of FL. (Miami). The record is electronic. |
| 08/14/2018 | Record received from the U.S.D.C. Southern District of Florida. 1 envelope, the record is SEALED. |
| 09/04/2018 | Reply of petitioner Denard Stokeling filed. (Distributed) |
| 10/09/2018 | Argued. For petitioner: Brenda G. Bryn, Ft. Lauderdale, Fla. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 01/15/2019 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Breyer, Alito, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Roberts, C. J., and Ginsburg and Kagan, JJ., joined. |
| 02/19/2019 | JUDGMENT ISSUED. |