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Decided

Herring v. United States

Docket No.07-513
Op. Below11th Circuit
ArgumentOct 7, 2008

Judgment

Affirmed, 5-4, in an opinion by John Roberts on Jan 14, 2009.

Proceedings & orders timeline

Oct 11, 2007
Petition for a writ of certiorari filed. (Response due November 19, 2007)
Nov 16, 2007
Order extending time to file response to petition to and including December 19, 2007.
Dec 14, 2007
Order further extending time to file response to petition to and including January 18, 2007.
Jan 18, 2008
Brief of respondent United States in opposition filed.
Jan 30, 2008
DISTRIBUTED for Conference of February 15, 2008.
Jan 30, 2008
Reply of petitioner Bennie Dean Herring filed. (Distributed)
Feb 19, 2008
Petition GRANTED.
Mar 20, 2008
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including May 9, 2008.
Mar 20, 2008
The time within which to file respondent's brief on the merits is extended to and including July 21, 2008.
Apr 29, 2008
Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the petitioner.
May 9, 2008
Joint appendix filed. (Statement of costs received).
May 9, 2008
Brief of petitioner Bennie Dean Herring filed.
May 16, 2008
Brief amici curiae of Electronic Privacy Information Center, et al. filed.
May 16, 2008
Brief amici curiae of American Civil Liberties Union, et al. filed.
May 16, 2008
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 9, 2008
SET FOR ARGUMENT ON Tuesday, October 7, 2008.
Jul 17, 2008
CIRCULATED
Jul 21, 2008
Brief of respondent United States filed.
Jul 30, 2008
Application (08A96) of petitioner for an extension of time to and including August 29, 2008 within which to file the reply brief on the merits, submitted to Justice Thomas.
Aug 5, 2008
Application (08A96) of petitioner for an extension of time within which to file the reply brief on the merits, to and including August 29, 2008, granted by Justice Thomas.
Aug 12, 2008
Record received from the U.S.C.A. for the 11th Circuit. 1 envelope.
Aug 13, 2008
Record received from the US.D.C. for the Middle District of Alabama. (1 box)
Aug 29, 2008
Reply of petitioner Bennie Dean Herring filed. (Distributed).
Oct 7, 2008
Argued. For petitioner: Pamela S. Karlan, Stanford, Cal. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D.C.
Jan 14, 2009
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined. Breyer, J., filed a dissenting opinion, in which Souter, J., joined.
Feb 9, 2009
Petition for Rehearing filed.
Feb 9, 2009
Motion for leave to proceed further herein in forma pauperis filed by petitioner.
Mar 11, 2009
DISTRIBUTED for Conference of March 27, 2009.
Mar 30, 2009
Rehearing DENIED.
Mar 30, 2009
JUDGMENT ISSUED.

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