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Culley v. Marshall

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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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 07 2022Application (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.
Nov 16 2022Application (22A428) granted by Justice Thomas extending the time to file until December 28, 2022.
Dec 20 2022Petition for a writ of certiorari filed. (Response due January 23, 2023)
Jan 03 2023Waiver of right of respondents Steven T. Marshall, et al. to respond filed.
Jan 03 2023Waiver of right of respondent City of Satsuma to respond filed.
Jan 03 2023Waiver of right of respondent Town of Leesburg, Alabama to respond filed.
Jan 11 2023DISTRIBUTED for Conference of 2/17/2023.
Jan 17 2023Response Requested. (Due February 16, 2023)
Jan 20 2023Brief amicus curiae of Pacific Legal Foundation filed.
Feb 08 2023Motion to extend the time to file a response from February 16, 2023 to March 2, 2023, submitted to The Clerk.
Feb 09 2023Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2023.
Feb 16 2023Brief amicus curiae of The Rutherford Institute filed.
Feb 16 2023Brief amicus curiae of Restore the Fourth, Inc. filed.
Mar 01 2023Brief of respondents Steven T. Marshall, Attorney General of Alabama, et al. in opposition filed.
Mar 15 2023DISTRIBUTED for Conference of 3/31/2023.
Mar 15 2023Reply of petitioners Halima Tariffa Culley, et al. filed. (Distributed)
Apr 10 2023DISTRIBUTED for Conference of 4/14/2023.
Apr 17 2023Petition GRANTED.
Apr 27 2023Motion of the parties for an extension of time to file the briefs on the merits filed.
May 04 2023Motion 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.
Jun 22 2023Brief of petitioner Halima Tariffa Culley filed.
Jun 22 2023Joint appendix filed. (Statement of costs filed)
Jun 28 2023Brief amicus curiae of The Legal Aid Society filed.
Jun 29 2023Brief amici curiae of Institute for Justice, Stephanie Wilson and Gerardo Serrano filed.
Jun 29 2023Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Alabama, Cato Institute, and Rutherford Institute filed.
Jun 29 2023Brief amicus curiae of National Federation of Independent Business Small Business Legal Center, Inc. filed.
Jun 29 2023Brief amicus curiae of The Buckeye Institute filed.
Jun 29 2023Brief amicus curiae of Constitutional Accountability Center filed.
Jun 29 2023Brief amicus curiae of Goldwater Institute; Pacific Legal Foundation; Manhattan Institute filed.
Jun 29 2023Brief amicus curiae of Restore the Fourth, Inc. filed. (July 6, 2023)
Aug 14 2023Brief of respondents Steven T. Marshall, et al. filed.
Aug 14 2023Brief of respondents City of Satsuma, et al. filed.
Aug 14 2023Brief of Town of Leesburg, Alabama not accepted for filing.(Dupilicate submission) (August 16, 2023)
Aug 18 2023Brief amicus curiae of Wayne County, Michigan filed.
Aug 21 2023Brief amici curiae of Georgia, et al. filed.
Aug 21 2023Brief amicus curiae of United States filed.
Aug 21 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 21 2023Brief amici curiae of International Municipal Lawyers Association and National League of Cities filed.
Sep 06 2023SET FOR ARGUMENT on Monday, October 30, 2023
Sep 06 2023Record requested from the United States Court of Appeals for the Eleventh Circuit.
Sep 06 2023CIRCULATED.
Sep 07 2023Record from the United States Court of Appeals for the Eleventh Circuit available on PACER.
Sep 13 2023Reply of petitioner Halima Tariffa Culley filed. (Distributed)
Sep 27 2023Record from the United States District Court for the Southern District of Alabama received electronically and available with the Clerk.
Oct 02 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 30 2023Argued. 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.)
May 09 2024Adjudged 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.
Jun 10 2024JUDGMENT ISSUED.