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
Latest Conference: 2019-06-27 (distributed 3 times)
Related Cases: 18-1186 (Vide)
Question Presented (from Petition)

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.

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)

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
Edward Winstead, et al.
Benna Ruth SolomonCorporation Counsel of the City of Chicago, Petitioner
International Municipal Lawyers Association
Sarah M. ShalfEmory University School of Law, Amicus