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Gamble v. United States

Docket No. Argument Opinion Vote Author Term
17-646 Dec 6, 2018 Jun 17, 2019 7-2 Alito OT 2018

Holding: The dual-sovereignty doctrine " under which two offenses are not the "same offence" for double jeopardy purposes if prosecuted by separate sovereigns " is upheld.

Judgment: Affirmed, 7-2, in an opinion by Justice Alito on June 17, 2019. Justice Thomas filed a concurring opinion. Justice Ginsburg and Justice Gorsuch filed dissenting opinions.

DateProceedings and Orders (key to color coding)
10/24/2017Petition for a writ of certiorari filed. (Response due December 4, 2017)
11/30/2017Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
11/30/2017Order extending time to file response to petition to and including January 3, 2018.
12/04/2017Brief amici curiae of Constitutional Accountability Center and Cato Institute filed.
12/26/2017Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.
12/28/2017Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.
01/16/2018Brief of respondent United States in opposition filed.
01/30/2018Reply of petitioner Terance Gamble filed.
03/21/2018DISTRIBUTED for Conference of 4/13/2018.
04/16/2018DISTRIBUTED for Conference of 4/20/2018.
04/23/2018DISTRIBUTED for Conference of 4/27/2018.
05/07/2018DISTRIBUTED for Conference of 5/10/2018.
05/14/2018DISTRIBUTED for Conference of 5/17/2018.
05/21/2018DISTRIBUTED for Conference of 5/24/2018.
05/29/2018DISTRIBUTED for Conference of 5/31/2018.
06/04/2018DISTRIBUTED for Conference of 6/7/2018.
06/11/2018DISTRIBUTED for Conference of 6/14/2018.
06/18/2018DISTRIBUTED for Conference of 6/21/2018.
06/27/2018DISTRIBUTED for Conference of 6/27/2018.
06/28/2018Petition GRANTED.
07/23/2018Motion for an extension of time to file the opening briefs on the merits filed.
08/01/2018Motion for an extension of time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2018. The time to file respondent's brief on the merits is extended to and including October 25, 2018.
09/04/2018Joint appendix filed. (Statement of costs filed)
09/04/2018Brief of petitioner Terance Gamble filed.
09/07/2018Brief amicus curiae of Howard University School of Law Thurgood Marshall Civil Rights Center in support of neither party filed.
09/10/2018Brief amici curiae of Law Professors filed.
09/11/2018Brief amici curiae of U.S. Navy-Marine Corps Appellate Defense Division, et al. filed.
09/11/2018Brief amicus curiae of Senator Orrin Hatch filed.
09/11/2018Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
09/11/2018Brief amici curiae of Constitutional Accountability Center, et al. filed.
09/11/2018Brief amici curiae of Criminal Procedure Professors Stephen E. Henderson, et al. filed.
09/11/2018Brief amici curiae of Criminal Defense Experts filed.
09/11/2018Brief amicus curiae of The Rutherford Institute filed.
10/09/2018SET FOR ARGUMENT on Wednesday, December 5, 2018
10/15/2018Record requested from U.S.C.A. 11th Circuit.
10/18/2018Record received from the U.S.D.C. Southern Dist. of Alabama is electronic and located on PACER.
10/19/2018CIRCULATED
10/25/2018Brief of respondent United States filed. (Distributed)
10/29/2018Record received from the U.S.C.A. 11th Circuit is electronic, complete and located on PACER.
11/01/2018Brief amici curiae of National Indigenous Women's Resource Center et al. filed. (Distributed)
11/01/2018Brief amici curiae of Texas, et al. filed. (Distributed)
11/01/2018Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
11/01/2018Motion for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument filed by Texas, et al.
11/05/2018Opposition of petitioner to motion of Texas, et al., filed.
11/06/2018Response of respondent to motion of Texas, et al., filed.
11/06/2018Reply of Texas, et al. in support of motion, filed.
11/19/2018Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument is GRANTED and the time is allotted as follows: 40 minutes for the petitioner, 30 minutes for the respondent, and 10 minutes for Texas, et al.
11/20/2018Letter of respondent United States filed. (Distributed)
11/21/2018Reply of petitioner Terance Gamble filed. (Distributed)
12/03/2018RESCHEDULED FOR ARGUMENT ON Thursday, December 6, 2018
12/06/2018Argued. For petitioner: Louis A. Chaiten, Cleveland, Ohio. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Texas, et al., as amici curiae: Kyle D. Hawkins, Texas Solicitor General, Austin, Tex.
06/17/2019Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., and Gorsuch, J., filed dissenting opinions.
07/19/2019JUDGMENT ISSUED.