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Heien v. North Carolina

Docket No. Op. Below Argument Opinion Vote Author Term
13-604 N.C. Oct 6, 2014
Tr.Aud.
Dec 15, 2014 8-1 Roberts OT 2014

Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, was among the counsel to the petitioner in this case at the cert. stage through the Stanford Law School Supreme Court Litigation Clinic, but he is not participating in the case at the merits stage.

Holding: A police officer’s reasonable mistake of law gives rise to reasonable suspicion that justifies a traffic stop under the Fourth Amendment.

Judgment: Affirmed, 8-1, in an opinion by Chief Justice Roberts on December 15, 2014. Justice Kagan filed a concurring opinion, in which Justice Ginsburg joined. Justice Sotomayor filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 13 2013Petition for a writ of certiorari filed. (Response due December 18, 2013)
Dec 6 2013Waiver of right of respondent North Carolina to respond filed.
Dec 6 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, rreceived from counsel for the respondent.
Dec 18 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Dec 24 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 6 2014Response Requested . (Due February 5, 2014)
Jan 29 2014Order extending time to file response to petition to and including March 7, 2014.
Mar 7 2014Brief of respondent North Carolina in opposition filed.
Mar 18 2014Reply of petitioner Nicholas Brady Heien filed.
Mar 19 2014DISTRIBUTED for Conference of April 4, 2014.
Apr 7 2014DISTRIBUTED for Conference of April 18, 2014.
Apr 21 2014Petition GRANTED.
May 13 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2014.
May 13 2014The time to file respondent's brief on the merits is extended to and including July 14, 2014.
May 22 2014Order further extending time to file respondent's brief on the merits to and including July 21, 2014.
May 22 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
May 28 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 9 2014Joint appendix filed. (Statement of costs filed.)
Jun 9 2014Brief of petitioner Nicholas Brady Heien filed.
Jun 16 2014Brief amicus curiae of Gun Owners Foundation, et al. filed.
Jun 16 2014Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jun 16 2014Brief amici curiae of Professors Charles E. MacLean & Adam Lamparello filed.
Jun 16 2014Brief amicus curiae of Rutherford Institute filed.
Jul 9 2014Record requested from Supreme Court of North Carolina.
Jul 14 2014Record received from the Supreme Court of North Carolina. The record is electronic.
Jul 18 2014SET FOR ARGUMENT ON Monday, October 6, 2014
Jul 21 2014Brief of respondent North Carolina filed.
Jul 28 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 28 2014Brief amicus curiae of the United States filed.
Jul 28 2014Brief amici curiae of Wisconsin, et al. filed.
Jul 28 2014Brief amici curiae of The Association of Prosecuting Attorneys, et al. filed.
Aug 7 2014CIRCULATED.
Aug 20 2014Reply of petitioner Nicholas Brady Heien filed. (Distributed)
Aug 29 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 6 2014Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Robert C. Montgomery, Senior Deputy Attorney General, Raleigh, N. C.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Dec 15 2014Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion.
Jan 16 2015JUDGMENT ISSUED.
 
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