Culley v. Marshall
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-585 | 11th Cir. | Oct 30, 2023 | May 9, 2024 | 6-3 | Kavanaugh | OT 2023 |
Holding: In civil forfeiture cases involving personal property, the due process clause requires a timely forfeiture hearing but does not require a separate preliminary hearing.
Judgment: Affirmed, 6-3, in an opinion by Justice Kavanaugh on May 9, 2024. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.
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| Date | Proceedings and Orders |
|---|---|
| 11/07/2022 | Application (22A428) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to January 12, 2023, submitted to Justice Thomas. |
| 11/16/2022 | Application (22A428) granted by Justice Thomas extending the time to file until December 28, 2022. |
| 12/20/2022 | Petition for a writ of certiorari filed. (Response due January 23, 2023) |
| 01/03/2023 | Waiver of right of respondents Steven T. Marshall, et al. to respond filed. |
| 01/03/2023 | Waiver of right of respondent City of Satsuma to respond filed. |
| 01/03/2023 | Waiver of right of respondent Town of Leesburg, Alabama to respond filed. |
| 01/11/2023 | DISTRIBUTED for Conference of 2/17/2023. |
| 01/17/2023 | Response Requested. (Due February 16, 2023) |
| 01/20/2023 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 02/08/2023 | Motion to extend the time to file a response from February 16, 2023 to March 2, 2023, submitted to The Clerk. |
| 02/09/2023 | Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2023. |
| 02/16/2023 | Brief amicus curiae of The Rutherford Institute filed. |
| 02/16/2023 | Brief amicus curiae of Restore the Fourth, Inc. filed. |
| 03/01/2023 | Brief of respondents Steven T. Marshall, Attorney General of Alabama, et al. in opposition filed. |
| 03/15/2023 | DISTRIBUTED for Conference of 3/31/2023. |
| 03/15/2023 | Reply of petitioners Halima Tariffa Culley, et al. filed. (Distributed) |
| 04/10/2023 | DISTRIBUTED for Conference of 4/14/2023. |
| 04/17/2023 | Petition GRANTED. |
| 04/27/2023 | Motion of the parties for an extension of time to file the briefs on the merits filed. |
| 05/04/2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 22, 2023. The time to file respondents' brief on the merits is extended to and including granted and the time is extended to and including August 14, 2023. |
| 06/22/2023 | Brief of petitioner Halima Tariffa Culley filed. |
| 06/22/2023 | Joint appendix filed. (Statement of costs filed) |
| 06/28/2023 | Brief amicus curiae of The Legal Aid Society filed. |
| 06/29/2023 | Brief amici curiae of Institute for Justice, Stephanie Wilson and Gerardo Serrano filed. |
| 06/29/2023 | Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Alabama, Cato Institute, and Rutherford Institute filed. |
| 06/29/2023 | Brief amicus curiae of National Federation of Independent Business Small Business Legal Center, Inc. filed. |
| 06/29/2023 | Brief amicus curiae of The Buckeye Institute filed. |
| 06/29/2023 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 06/29/2023 | Brief amicus curiae of Goldwater Institute; Pacific Legal Foundation; Manhattan Institute filed. |
| 06/29/2023 | Brief amicus curiae of Restore the Fourth, Inc. filed. (July 6, 2023) |
| 08/14/2023 | Brief of respondents Steven T. Marshall, et al. filed. |
| 08/14/2023 | Brief of respondents City of Satsuma, et al. filed. |
| 08/14/2023 | Brief of Town of Leesburg, Alabama not accepted for filing.(Dupilicate submission) (August 16, 2023) |
| 08/18/2023 | Brief amicus curiae of Wayne County, Michigan filed. |
| 08/21/2023 | Brief amici curiae of Georgia, et al. filed. |
| 08/21/2023 | Brief amicus curiae of United States filed. |
| 08/21/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/21/2023 | Brief amici curiae of International Municipal Lawyers Association and National League of Cities filed. |
| 09/06/2023 | SET FOR ARGUMENT on Monday, October 30, 2023 |
| 09/06/2023 | Record requested from the United States Court of Appeals for the Eleventh Circuit. |
| 09/06/2023 | CIRCULATED. |
| 09/07/2023 | Record from the United States Court of Appeals for the Eleventh Circuit available on PACER. |
| 09/13/2023 | Reply of petitioner Halima Tariffa Culley filed. (Distributed) |
| 09/27/2023 | Record from the United States District Court for the Southern District of Alabama received electronically and available with the Clerk. |
| 10/02/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/30/2023 | Argued. For petitioners: Shay Dvoretzky, Washington, D. C. For respondents: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala.; and Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 05/09/2024 | Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined. |
| 06/10/2024 | JUDGMENT ISSUED. |