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Mitchell v. Wisconsin

Docket No. Op. Below Argument Opinion Vote Author Term
18-6210 Wis. Apr 23, 2019
Tr.Aud.
Jun 27, 2019 5-4 Alito OT 2018

Holding: The Wisconsin Supreme Court’s judgment – affirming the drunk-driving convictions of Gerald Mitchell, who was administered a warrantless blood test while he was unconscious – is vacated, and the case is remanded.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Alito on June 27, 2019. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg and Kagan joined. Justice Gorsuch filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 01 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)
Oct 16 2018Motion to extend the time to file a response from November 5, 2018 to December 5, 2018, submitted to The Clerk.
Oct 18 2018Motion to extend the time to file a response is granted and the time is extended to and including December 5, 2018.
Dec 05 2018Brief of respondent Wisconsin in opposition filed.
Dec 19 2018Reply of petitioner Gerald P. Mitchell filed. (Distributed)
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 11 2019Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 11 2019SET FOR ARGUMENT on Tuesday, April 23, 2019
Feb 18 2019Blanket Consent filed by Petitioner, Gerald P. Mitchell.
Feb 18 2019Blanket Consent filed by Respondent, Wisconsin
Feb 25 2019Joint appendix filed.
Feb 25 2019Brief of petitioner Gerald P. Mitchell filed.
Feb 26 2019Brief amicus curiae of California DUI Lawyers Association filed.
Mar 01 2019Brief amicus curiae of National College for DUI Defense, Inc. filed.
Mar 04 2019Supplemental proof of service of amicus California DUI Lawyers Association filed.
Mar 04 2019Brief amici curiae of The Rutherford Institute and the Cato Institute filed.
Mar 04 2019Brief amicus curiae of Restore the Fourth, Inc. filed.
Mar 04 2019Brief amici curiae of The DKT Liberty Project, Reason Foundation, and The Due Process Institute filed.
Mar 04 2019Brief amici curiae of the American Civil Liberties Union and ACLU of Wisconsin filed.
Mar 04 2019Brief amicus curiae of DUI Defense Lawyers Association filed.
Mar 20 2019CIRCULATED
Mar 27 2019Brief of respondent Wisconsin filed. (Distributed)
Apr 03 2019Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Apr 03 2019Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)
Apr 03 2019Brief amici curiae of League of Wisconsin Municipalities, et al. filed. (Distributed)
Apr 03 2019Brief amici curiae of State of Colorado, et al. filed. (Distributed)
Apr 16 2019Reply of petitioner Gerald P. Mitchell filed. (Distributed)
Apr 23 2019Argued. For petitioner: Andrew R. Hinkel, Assistant State Public Defender, Madison, Wis. For respondent: Hannah S. Jurss, Assistant Attorney General, Madison, Wis.
Jun 27 2019Judgment VACATED and case REMANDED. Alito, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion.
Jul 29 2019MANDATE SSUED.
Jul 29 2019JUDGMENT ISSUED.
 
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