No. 18-1084

Minnesota v. Mark Jerome Johnson

Lower Court: Minnesota
Docketed: 2019-02-21
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2)
Tags: collateral-review constitutional-law criminal-procedure due-process dui fourth-amendment implied-consent retroactive-application retroactivity search-and-seizure warrant-requirement
Key Terms:
FourthAmendment
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (AI Summary)

Retroactive application of Birchfield v. North Dakota rule on warrantless blood tests

Question Presented (OCR Extract)

QUESTION PRESENTED Is this Court’s ruling in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016)—that a motorist may not be criminally punished for refusing to submit to a blood test unless law enforcement has a warrant or an exception to the warrant requirement applies—a new substantive rule of federal constitutional law that applies retroactively to cases on collateral review?

Docket Entries

2019-06-24
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2019-06-24
Motion for leave to file amicus brief filed by Mothers Against Drunk Driving GRANTED.
2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-30
Reply of petitioner Minnesota filed.
Main DocumentProof of ServiceCertificate of Word Count
2019-05-16
Motion for leave to proceed in forma pauperis filed by respondent Mark J. Johnson.
Main Document
2019-05-16
Brief of respondent Mark J. Johnson in opposition filed.
Main Document
2019-05-16
Certificate of service filed with respect to brief in opposition of respondent Mark J. Johnson.
Main Document
2019-04-25
Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2019.
2019-04-22
Motion to extend the time to file a response from May 1, 2019 to June 3, 2019, submitted to The Clerk.
Proof of ServiceMain Document
2019-04-01
Response Requested. (Due May 1, 2019)
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Motion for leave to file amicus brief filed by Mothers Against Drunk Driving. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2019-03-06
Waiver of right of respondent Mark J. Johnson to respond filed.
Main Document
2019-02-19
Petition for a writ of certiorari filed. (Response due March 25, 2019)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

Mark J. Johnson
Cathryn Young Middlebrook — Office of the Minnesota Appellate Public Defender, Respondent
Cathryn Young Middlebrook — Office of the Minnesota Appellate Public Defender, Respondent
Minnesota
Thomas R. Ragatz — Ramsey County Attorney's Office, Petitioner
Thomas R. Ragatz — Ramsey County Attorney's Office, Petitioner
Mothers Against Drunk Driving
Ryan Joseph Walsh — EIMER STAHL LLP, Amicus
Ryan Joseph Walsh — EIMER STAHL LLP, Amicus