City of Hays, Kansas v. Vogt

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City of Hays, Kansas v. Vogt

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-1495	10th Cir.	Feb 20, 2018 Tr.Aud.	May 29, 2018	n/a	Per Curiam	OT 2017

Issue: Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial.

Judgment: The writ of certiorari is dismissed as improvidently granted in a per curiam opinion on May 29, 2018. Justice Gorsuch took no part in the consideration or decision of this case.

OT2017 #27: "Girl Scouts and Trick-or-Treaters" (First Mondays)
Opinion analysis: A DIG in Vogt (Rory Little)
Argument analysis: Vogt argument suggests a narrow ruling or even a "DIG" (Rory Little)
A "view" from the courtroom: An anniversary, and later a tense exchange (Mark Walsh)
OT2017 #14: "Justice for Stormy" (First Mondays)
Argument preview: A deceptively complex Fifth Amendment question -- use of compelled statements at a preliminary hearing (Rory Little)
Court releases February calendar (Amy Howe)
Justices issue orders from "long conference" (UPDATED) (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Apr 10 2017	Application (16A996) to extend the time to file a petition for a writ of certiorari from April 30, 2017 to June 29, 2017, submitted to Justice Sotomayor.
Apr 21 2017	Application (16A996) granted by Justice Sotomayor extending the time to file until June 29, 2017.
Jun 13 2017	Petition for a writ of certiorari filed. (Response due July 17, 2017)
Jun 29 2017	Order extending time to file response to petition to and including August 16, 2017.
Aug 16 2017	Brief of respondent Matthew Jack D. Vogt in opposition filed.
Aug 23 2017	Reply of petitioner City of Hays, Kansas filed.
Aug 30 2017	DISTRIBUTED for Conference of 9/25/2017.
Sep 28 2017	Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition.
Oct 02 2017	Motion to dispense with printing the joint appendix filed by petitioner.
Oct 31 2017	Blanket Consent filed by Petitioner, City of Hays, Kansas
Nov 02 2017	Blanket Consent filed by Respondent, Matthew Jack D. Vogt.
Nov 06 2017	Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
Nov 13 2017	Brief of petitioner City of Hays, Kansas filed.
Nov 20 2017	Brief amici curiae of The State of Kansas and 12 Other States filed.
Nov 20 2017	Brief amicus curiae of State and Local Government Employers filed.
Nov 20 2017	Brief amicus curiae of Criminal Justice Legal Foundation filed.
Nov 20 2017	Brief amicus curiae of United States filed.
Dec 11 2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 13 2017	Brief of respondent Matthew Jack D. Vogt filed.
Dec 20 2017	SET FOR ARGUMENT ON Tuesday, February 20, 2018
Dec 20 2017	Brief amici curiae of American Federation of Government Employees and American Federation of Teachers filed.
Dec 20 2017	Brief amicus curiae of Criminal Procedure Scholars filed.
Dec 20 2017	Brief amicus curiae of National Fraternal Order of Police filed.
Dec 20 2017	Brief amici curiae of National Association of Criminal Defense Lawyers and American Civil Liberties Union filed.
Jan 05 2018	CIRCULATED
Jan 08 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
Jan 08 2018	Reply of petitioner City of Hays, Kansas filed. (Distributed)
Jan 10 2018	Record requested from the U.S.C.A. 10th Circuit.
Jan 12 2018	The entire record from the U.S.C.A. 10th Circuit is electronic and located on PACER.
Feb 01 2018	The record received from the U.S.D.C. District of Kansas is electronic.
Feb 20 2018	Argued. For petitioner: Toby J. Heytens, Charlottesville, Va.; and Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kelsi B. Corkran, Washington, D. C.
May 29 2018	Writ of certiorari DISMISSED as improvidently granted. Justice Gorsuch took no part in the consideration or decision of this case. Opinion per curiam.
Jul 02 2018	JUDGMENT ISSUED.

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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; that afternoon, the justices granted Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, with four consolidated cases.
On Friday, the Supreme Court will release opinions in one or more argued cases at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
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Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	53
Summary reversals	5
Merits cases granted to date	74

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6
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10
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