No. 19-426

Pennsylvania v. Michael J. Hicks

Lower Court: Pennsylvania
Docketed: 2019-10-01
Status: Denied
Type: Paid
Amici (1)
Tags: 4th-amendment civil-rights constitutional-analysis due-process element-or-defense-test firearm-possession innocent-scenarios law-enforcement police-officer police-stop reasonable-suspicion stop totality-of-circumstances
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the Pennsylvania Supreme Court's decision is contrary to SCOTUS precedent on reasonable suspicion analysis

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Pennsylvania Supreme Court’s decision in this case is contrary to this Court’s precedent and established framework for the analysis of reasonable suspicion where the Pennsylvania Court did not analyze the totality of the circumstances as perceived by the police officer and instead imagined innocent scenarios to delimit those factors and ultimately decided that the stop was unconstitutional. 2. Whether the Pennsylvania Supreme Court’s outright rejection of the element-or-defense test to determine whether reasonable suspicion exists when an individual is carrying a firearm in public as unconstitutional is error when this test has been widely accepted by other federal and state jurisdictions.

Docket Entries

2019-12-09
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-10-31
Brief amicus curiae of Pennsylvania District Attorneys Association filed.
2019-10-31
Brief of respondent Michael J. Hicks in opposition filed. (11/5/2019)
2019-10-31
Motion for leave to proceed in forma pauperis filed by respondent Michael J. Hicks. (11/5/2019)
2019-09-27
Petition for a writ of certiorari filed. (Response due October 31, 2019)
2019-08-20
Application (19A201) granted by Justice Alito extending the time to file until September 27, 2019.
2019-08-16
Application (19A201) to extend the time to file a petition for a writ of certiorari from August 29, 2019 to September 27, 2019, submitted to Justice Alito.

Attorneys

Commonwealth of Pennsylvania
James B. MartinLEHIGH COUNTY OFFICE OF THE DISTRICT ATTORNEY, Petitioner
Michael J. Hicks
Kathryn Rose SmithLehigh County Public Defender's Office, Respondent
Pennsylvania District Attorneys Association
John T. AdamsBerks County District Attorney, Amicus