No. 20-1607

Michigan v. Anthony Michael Owen

Lower Court: Michigan
Docketed: 2021-05-19
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: circuit-split exclusionary-rule fourth-amendment heien-standard legal-uncertainty police-conduct reasonable-mistake-of-law speed-limit traffic-stop
Key Terms:
FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Should this Court resolve a split on whether Heien v. North Carolina applies to situations where the law is clear but the circumstances make applying it uncertain

Question Presented (OCR Extract)

QUESTION PRESENTED Respondent was stopped for speeding in a residential street within the village, on a road with a 25 MPH sign going the other way, where almost all the rest of the village has 25 MPH signs. Five months later, the parties determined that state law set the speed limit at 55 MPH because the village had not modified the speed limit in the manner as then required by state law. The question is: Should this Court resolve a split on whether Heien v. North Carolina, 574 U.S. 54 (2014), applies to situations where the law (once discovered) is clear but the circumstances make applying it uncertain; or, put another way, should the exclusionary rule apply in this situation where there is no deliberate, reckless, or grossly negligent police conduct? PETITION FOR WRIT OF CERTIORARI II LOWER COURT PROCEEDINGS Number Judgment Court 8t Circuit 15-H-31675| Order Granting Application for Leave 1/19/16 Court AR to Appeal to Circuit Court and Remanding for Evidentiary Hearing Court Court AR Court Dismissing Case Court AR Court Evidentiary Hearing 8th Circuit 15-H-31675| Order Vacating District Court 2/22/17 Court AR Suppression and Remanding to District Court Court Proceedings Pending Appeal Appeals Denied Court Appeals Denied Court for reconsideration Appeals Court Application for Leave to Appeal Court to Appeal PETITION FOR WRIT OF CERTIORARI I

Docket Entries

2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-08-20
Brief of respondent Anthony Michael Owen in opposition filed.
2021-07-14
Motion to extend the time to file a response is granted and the time is extended to and including August 20, 2021.
2021-07-13
Motion to extend the time to file a response from July 21, 2021 to August 20, 2021, submitted to The Clerk.
2021-06-21
Response Requested. (Due July 21, 2021)
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-03
Waiver of right of respondent Anthony Michael Owen to respond filed.
2021-05-12
Petition for a writ of certiorari filed. (Response due June 18, 2021)

Attorneys

Anthony Michael Owen
Lisa Schiavo BlattWilliams & Connolly LLP, Respondent
Lisa Schiavo BlattWilliams & Connolly LLP, Respondent
Edward J. SternishaLaw Office of Edward J. Sternisha, PLLC, Respondent
Edward J. SternishaLaw Office of Edward J. Sternisha, PLLC, Respondent
People of the State of Michigan
Jerrold Edward SchrotenboerProsecuting Attorney's Office, Petitioner
Jerrold Edward SchrotenboerProsecuting Attorney's Office, Petitioner