No. 23-846

City of Sparks, Nevada, et al. v. Rosa Ester Brizuela, Individually and as Special Administrator of the Estate of Rolando Antonio Brizuela, et al.

Lower Court: Ninth Circuit
Docketed: 2024-02-06
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: circuit-split clearly-established-law community-areas community-owned-areas curtilage multi-family-dwelling multifamily-dwelling ninth-circuit precedent
Key Terms:
FourthAmendment Privacy
Latest Conference: 2024-06-13 (distributed 2 times)
Question Presented (AI Summary)

Did the Ninth Circuit err in holding that community-owned areas in front of a multifamily dwelling constituted curtilage?

Question Presented (OCR Extract)

QUESTIONS PRESENTED These are the questions presented: 1. Did the Ninth Circuit err by holding that the community-owned areas in front of a multifamily dwelling constituted curtilage, contrary to its own precedent, the precedent of the Second, Third, Fifth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits, as well as the precedent of many state-level supreme courts? 2. Alternatively, is the law clearly established that the community-owned areas in front of a multi-family dwelling constitute curtilage, despite this split of authority?

Docket Entries

2024-06-17
Petition DENIED.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-23
Reply of petitioners City of Sparks, Nevada, et al. filed. (Distributed)
2024-05-09
2024-04-12
Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2024.
2024-04-11
Motion to extend the time to file a response from April 17, 2024 to May 17, 2024, submitted to The Clerk.
2024-02-22
Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2024.
2024-02-21
Motion to extend the time to file a response from March 18, 2024 to April 17, 2024, submitted to The Clerk.
2024-02-15
Response Requested. (Due March 18, 2024)
2024-02-14
DISTRIBUTED for Conference of 3/1/2024.
2024-02-12
Waiver of right of respondent Rosa Brizuela, et al. to respond filed.
2024-02-02
Petition for a writ of certiorari filed. (Response due March 7, 2024)

Attorneys

City of Sparks, et al.
Mariah Michelle NorthingtonSparks City Attorney's Office, Petitioner
Mariah Michelle NorthingtonSparks City Attorney's Office, Petitioner
Rosa Brizuela, et al.
Peter GoldsteinPeter Goldstein Law Corporation, Respondent
Peter GoldsteinPeter Goldstein Law Corporation, Respondent