United States v. Davila

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-167	11th Cir.	Apr 15, 2013	Jun 13, 2013	9-0	Ginsburg	OT 2012

Holding: When a federal judge participates in plea negotiations, contrary to Federal Rule of Criminal Procedure 11(c),the defendant's guilty plea does not need to be vacated if there is no evidence in the record of prejudice to the defendant"s decision to plead guilty.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 13, 2013. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.

SCOTUSblog Coverage

Details on United States v. Davila (Amy Howe, June 13, 2013)
Opinion analysis: Court rules unanimously that federal judicial participation in guilty pleas is subject to harmless error review (Rory Little, June 13, 2013)
Argument recap: Nothing surprising except who sits where (Rory Little, April 18, 2013)
Should judicial participation in plea discussions be automatically reversible? No pressure if the Justices stick to the Question Presented (Rory Little, April 12, 2013)
Three cases granted (Lyle Denniston, January 4, 2013)

Date	Proceedings and Orders (key to color coding)
06/25/2012	Application (11A1243) to extend the time to file a petition for a writ of certiorari from July 5, 2012 to August 4, 2012, submitted to Justice Thomas.
06/26/2012	Application (11A1243) granted by Justice Thomas extending the time to file until August 4, 2012.
08/03/2012	Petition for a writ of certiorari filed. (Response due September 3, 2012)
09/19/2012	DISTRIBUTED for Conference of October 5, 2012.
09/20/2012	Response Requested . (Due October 22, 2012)
10/09/2012	Order extending time to file response to petition to and including November 30, 2012.
11/29/2012	Brief of respondent Anthony Davila in opposition filed.
12/11/2012	Reply of petitioner United States filed.
12/12/2012	DISTRIBUTED for Conference of January 4, 2013.
01/04/2013	Petition GRANTED.
02/11/2013	SET FOR ARGUMENT ON Monday, April 15, 2013
02/13/2013	Joint appendix filed. (Statement of costs filed.)
02/13/2013	Brief of petitioner United States filed.
03/01/2013	CIRCULATED.
03/04/2013	Record received from U.S.D.C. for Southern District of Georgia. (1 box) There are sealed documents in this record.
03/11/2013	Record received from U.S.C.A. for 11th Circuit.
03/15/2013	Brief of respondent Anthony Davila filed. (Distributed)
03/22/2013	Brief amici curiae of 57 Criminal Law and Procedure Professors filed. (Distributed)
03/22/2013	Brief amici curiae of Scholars and practitioners of legal and judicial ethics, et al. filed. (Distributed)
03/22/2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
04/08/2013	Reply of petitioner United States filed. (Distributed)
04/15/2013	Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Robert M. Yablon, Washington, D. C.
06/13/2013	Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined.
07/15/2013	JUDGMENT ISSUED.
07/24/2013	Record returned to U.S.C.A. for 11th Circuit.
07/24/2013	Record returned to U.S.D.C. for the Southern District of Georgia.

Holding: When a federal judge participates in plea negotiations, contrary to Federal Rule of Criminal Procedure 11(c),the defendant’s guilty plea does not need to be vacated if there is no evidence in the record of prejudice to the defendant”s decision to plead guilty.

Judgment:”Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 13, 2013. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.