No. 18-1013

Edward Winstead, et al. v. Anthony Johnson

Lower Court: Seventh Circuit
Docketed: 2019-02-05
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (3)
Tags: accrual accrual-rules circuit-split civil-rights constitutional-violation criminal-trial due-process heck-doctrine heck-v-humphrey section-1983 self-incrimination self-incrimination-claims wallace-v-kato
Key Terms:
FifthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-06-27 (distributed 3 times)
Related Cases: 18-1186 (Vide)
Question Presented (AI Summary)

Whether the Seventh Circuit's holding that accrual of self-incrimination claims based on statements used at a criminal trial is deferred under Heck v. Humphrey, 512 U.S. 477 (1994), conflicts with Wallace v. Kato, 549 U.S. 384 (2007)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Seventh Circuit’s holding that accrual of self-incrimination claims based on statements used at a criminal trial is deferred under Heck v. Humphrey, 512 U.S. 477 (1994), conflicts with Wallace v. Kato, 549 U.S. 384 (2007), which holds that Heck does not apply to claims that accrue before conviction. 2. Whether, in any event, the Seventh Circuit, in conflict with Heck and several other circuits, erroneously held that all section 1983 claims based on constitutional violations occurring at a criminal trial that precedes a conviction necessarily imply the invalidity of that conviction and are therefore barred by Heck. 1

Docket Entries

2019-06-28
Petition DENIED.
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-21
Supplemental brief of petitioners Edward Winstead, et al. filed.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-08
Reply of petitioners Edward Winstead, et al. filed.
2019-03-26
Brief of respondent Anthony Johnson in opposition filed.
2019-03-25
Brief amicus curiae of International Municipal Lawyers Association filed.
2019-02-21
Response Requested. (Due March 25, 2019)
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-05
Waiver of right of respondent Anthony Johnson to respond filed.
2019-02-01
Petition for a writ of certiorari filed. (Response due March 7, 2019)
2018-12-20
Application (18A658) granted by Justice Kavanaugh extending the time to file until February 1, 2019.
2018-12-19
Application (18A658) to extend the time to file a petition for a writ of certiorari from January 1, 2019 to February 1, 2019, submitted to Justice Kavanaugh.

Attorneys

Anthony Johnson
Stephen Louis RichardsLaw Office of Stephen L. Richards, Respondent
Stephen Louis RichardsLaw Office of Stephen L. Richards, Respondent
Edward Winstead, et al.
Benna Ruth SolomonCorporation Counsel of the City of Chicago, Petitioner
Benna Ruth SolomonCorporation Counsel of the City of Chicago, Petitioner
International Municipal Lawyers Association
Sarah M. ShalfEmory University School of Law, Amicus
Sarah M. ShalfEmory University School of Law, Amicus