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Rodriguez v. City of San Jose, California

Petition for certiorari denied on October 13, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1057 9th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether the Fourth Amendment allows an exception to its warrant requirement for so-called “community caretaking” when the alleged danger to the community has been resolved and the premises to be searched and items then seized do not contain or pose an immediate threat making it impossible to obtain a timely warrant; (2) whether issue preclusion can bar a claim for deprivation of a constitutional right when the prior decision discussing the constitutional issue did not depend on resolving the merits of that issue, found state-law procedures remained that could moot the claimed infringement and thus could not have been further reviewed in the Supreme Court given that the constitutional claim would be seen as unripe and potentially avoided by adequate and independent state grounds; and (3) whether the Supreme Court should exercise its supervisory powers to review the improper circumvention of Second Amendment protections in the U.S. Court of Appeals for the 9th Circuit.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 11 2019Application (19A653) to extend the time to file a petition for a writ of certiorari from December 23, 2019 to February 21, 2020, submitted to Justice Kagan.
Dec 12 2019Application (19A653) granted by Justice Kagan extending the time to file until February 21, 2020.
Feb 21 2020Petition for a writ of certiorari filed. (Response due March 26, 2020)
Apr 08 2020DISTRIBUTED for Conference of 4/24/2020.
Apr 20 2020Response Requested. (Due May 20, 2020)
May 05 2020Motion to extend the time to file a response from May 20, 2020 to June 22, 2020, submitted to The Clerk.
May 12 2020Motion to extend the time to file a response is granted and the time is extended to and including June 22, 2020.
May 20 2020Motion for leave to file amici brief filed by Gun Owners of California, et al.
Jun 17 2020Brief of respondents City of San Jose, California, et al. in opposition filed.
Jul 01 2020DISTRIBUTED for Conference of 9/29/2020.
Sep 22 2020Reply of petitioners Lori Rodriguez, et al. filed.
Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
Oct 13 2020Motion for leave to file amici brief filed by Gun Owners of California, et al. GRANTED.
Oct 13 2020Petition DENIED.