Stokeling v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-5554 | 11th Cir. | 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 16, 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 professor’s 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 |
|---|---|
| Jun 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. |
| Jun 12 2017 | Application (16A1211) granted by Justice Thomas extending the time to file until August 4, 2017. |
| Aug 04 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2017) |
| Aug 16 2017 | Waiver of right of respondent United States to respond filed. |
| Aug 24 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Aug 29 2017 | Supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| Aug 31 2017 | Second supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| Sep 12 2017 | Response Requested. (Due October 12, 2017) |
| Oct 04 2017 | Order extending time to file response to petition to and including November 13, 2017. |
| Nov 08 2017 | Order further extending time to file response to petition to and including December 13, 2017. |
| Dec 13 2017 | Brief of respondent United States in opposition filed. |
| Dec 27 2017 | Reply of petitioner Denard Stokeling filed. |
| Mar 01 2018 | DISTRIBUTED for Conference of 3/16/2018. |
| Mar 07 2018 | Third supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| Mar 19 2018 | DISTRIBUTED for Conference of 3/23/2018. |
| Mar 19 2018 | Fourth supplemental brief of petitioner Denard Stokeling filed. (Distributed) |
| Mar 26 2018 | DISTRIBUTED for Conference of 3/29/2018. |
| Apr 02 2018 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Apr 24 2018 | Motion for an extension of time to file the briefs on the merits filed. |
| Apr 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. |
| Jun 11 2018 | Joint appendix filed. (Statement of costs filed) |
| Jun 11 2018 | Brief of petitioner Denard Stokeling filed. |
| Jun 18 2018 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Jul 09 2018 | SET FOR ARGUMENT On Tuesday, October 9, 2018 |
| Aug 03 2018 | Brief of respondent United States filed. (Distributed) |
| Aug 03 2018 | CIRCULATED |
| Aug 07 2018 | Record requested from the U.S.C.A. 11th Circuit. |
| Aug 07 2018 | Record received from the U.S.D.C. Southern Dist. of FL. (Miami). The record is electronic. |
| Aug 14 2018 | Record received from the U.S.D.C. Southern District of Florida. 1 envelope, the record is SEALED. |
| Sep 04 2018 | Reply of petitioner Denard Stokeling filed. (Distributed) |
| Oct 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. |
| Jan 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. |
| Feb 19 2019 | JUDGMENT ISSUED. |
