No. 21-940

Kentucky v. Jared McCarthy

Lower Court: Kentucky
Docketed: 2021-12-27
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: blood-test criminal-procedure due-process evidence evidence-admission fourth-amendment impaired-driving mandatory-minimum search-and-seizure
Key Terms:
ERISA FourthAmendment FifthAmendment CriminalProcedure Privacy
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the Fourth Amendment prohibits the admission of a defendant's refusal of a blood test in an impaired-driving prosecution

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fourth Amendment prohibits the admission of a defendant’s refusal of a blood test in an impaired-driving prosecution. 2. Whether the Fourth Amendment prohibits a mandatory minimum sentence based on a defendant’s refusal of a blood test in an impaired-driving prosecution.

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-26
Motion for leave to file amici brief filed by Colorado, et al. (Distributed)
2022-01-24
Waiver of right of respondent Jared McCarthy to respond filed.
2021-12-22
Petition for a writ of certiorari filed. (Response due January 26, 2022)
2021-11-10
Application (21A142) granted by Justice Kavanaugh extending the time to file until December 22, 2021.
2021-11-08
Application (21A142) to extend the time to file a petition for a writ of certiorari from November 24, 2021 to December 22, 2021, submitted to Justice Kavanaugh.

Attorneys

Colorado, et al.
Eric Reuel OlsonSolicitor General, Amicus
Eric Reuel OlsonSolicitor General, Amicus
Commonwealth of Kentucky
Matthew Franklin KuhnOffice of the Kentucky Attorney General, Petitioner
Matthew Franklin KuhnOffice of the Kentucky Attorney General, Petitioner
Jared McCarthy
Erin Hoffman YangDepartment of Public Advocacy, Respondent
Erin Hoffman YangDepartment of Public Advocacy, Respondent