Skip to content

Cotterman v. United States

Petition for certiorari denied on January 13, 2013

Docket No. Op. Below Argument Opinion Vote Author Term
13-186 9th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether the Ninth Circuit violated the Constitution, created circuit splits, contravened this Court"s decisions, and subverted the appellate process by replacing the question presented by the parties with an issue that the prosecution deliberately abandoned, and by making a factual finding (i.e. that reasonable suspicion existed) for the first time on appeal that disregarded the factual findings of the district court and agents at the scene, and then by holding that a citizen"s personal belongings may be seized at the border with no suspicion of wrongdoing.

DateProceedings and Orders (key to color coding)
05/23/2013Application (12A1133) to extend the time to file a petition for a writ of certiorari from June 6, 2013 to August 5, 2013, submitted to Justice Kennedy.
06/04/2013Application (12A1133) granted by Justice Kennedy extending the time to file until July 6, 2013.
06/12/2013Application (12A1133) to extend further the time from July 6, 2013 to August 5, 2013, submitted to Justice Kennedy.
06/20/2013Application (12A1133) granted by Justice Kennedy extending the time to file until August 5, 2013.
08/05/2013Petition for a writ of certiorari filed. (Response due September 9, 2013)
08/15/2013Waiver of right of respondent United States to respond filed.
08/21/2013DISTRIBUTED for Conference of September 30, 2013.
09/09/2013Response Requested . (Due October 9, 2013)
09/09/2013Brief amici curiae of U.S. Border Control Foundation, et al. filed.
10/04/2013Order extending time to file response to petition to and including November 8, 2013.
10/31/2013Order further extending time to file response to petition to and including November 29, 2013.
11/29/2013Brief of respondent United States in opposition filed.
12/10/2013Reply of petitioner Howard Wesley Cotterman filed.
12/18/2013DISTRIBUTED for Conference of January 10, 2014.
01/13/2014Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
02/05/2014Petition for Rehearing filed.
02/12/2014DISTRIBUTED for Conference of February 28, 2014.
03/03/2014Rehearing DENIED. Justice Kagan took no part in the consideration or decision of this petition.