Mitchell v. Wisconsin
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 Samuel Alito on Jun 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.
Oct 1, 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 5, 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 7, 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, WisconsinFeb 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 1, 2019Brief amicus curiae of National College for DUI Defense, Inc. filed.Mar 4, 2019Supplemental proof of service of amicus California DUI Lawyers Association filed.Mar 4, 2019Brief amici curiae of the Rutherford Institute and the Cato Institute filed.Mar 4, 2019Brief amicus curiae of Restore the Fourth, Inc. filed.Mar 4, 2019Brief amici curiae of the DKT Liberty Project, Reason Foundation, and The Due Process Institute filed.Mar 4, 2019Brief amici curiae of the American Civil Liberties Union and ACLU of Wisconsin filed.Mar 4, 2019Brief amicus curiae of DUI Defense Lawyers Association filed.Mar 20, 2019CIRCULATED
Mar 27, 2019Brief of respondent Wisconsin filed. (Distributed)Apr 3, 2019Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)Apr 3, 2019Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)Apr 3, 2019Brief amici curiae of League of Wisconsin Municipalities, et al. filed. (Distributed)Apr 3, 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.
Recommended Citation: Mitchell v. Wisconsin, SCOTUSblog, https://www.scotusblog.com/cases/mitchell-v-wisconsin/