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City of Hays, Kansas v. Matthew Jack Dwight Vogt

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 15-3266 · judgment January 4, 2017

Decided · May 29, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Self-Incrimination Clause provides that “[ n]o person * * * shall be compelled in any criminal case to be a witness against himself.” As the court below recognized, a "circuit split [has] developed" over whether certain pretrial uses of compelled statements force a person "to be a witness against himself” within the meaning of that provision. Pet. App. 6a. The question presented is: Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial. JUSTICE GORSUCH TOOK NO PART IN THE CONSIDERATION OR DECISION OF THIS CASE. DISMISSED AS IMPROVIDENTLY GRANTED.

Counsel of record

For petitioner
Toby Jay Heytens
Office of the Attorney General

For respondent
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
8 merits
(4 supporting pet./neither, 4 respondent)

Linked docket
16A996

Orders
Order list, November 6, 2017
Order list, January 8, 2018

Argument & decision

Argued February 20, 2018 — Toby J. Heytens · Kelsi B. Corkran. Listen and read along · the Court’s audio

Decided May 29, 2018. Opinion by Per Curiam.

Proceedings

  1. Jul 02 2018
    JUDGMENT ISSUED.
  2. May 29 2018
    Writ of certiorari DISMISSED as improvidently granted. Justice Gorsuch took no part in the consideration or decision of this case. Opinion per curiam.
  3. Feb 20 2018
    Argued. For petitioner: Toby J. Heytens, Charlottesville, Va.; and Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kelsi B. Corkran, Washington, D. C.
  4. Feb 01 2018
    The record received from the U.S.D.C. District of Kansas is electronic.
  5. Jan 12 2018
    The entire record from the U.S.C.A. 10th Circuit is electronic and located on PACER.
  6. Jan 10 2018
    Record requested from the U.S.C.A. 10th Circuit.
  7. Jan 08 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
  8. Jan 08 2018
    Reply of petitioner City of Hays, Kansas filed. (Distributed)
  9. Jan 05 2018
    CIRCULATED
  10. Dec 20 2017
    SET FOR ARGUMENT ON Tuesday, February 20, 2018
  11. Dec 20 2017
    Brief amicus curiae of Criminal Procedure Scholars filed.
  12. Dec 20 2017
    Brief amici curiae of American Federation of Government Employees and American Federation of Teachers filed.
  13. Dec 20 2017
    Brief amicus curiae of National Fraternal Order of Police filed.
  14. Dec 20 2017
    Brief amici curiae of National Association of Criminal Defense Lawyers and American Civil Liberties Union filed.
  15. Dec 13 2017
    Brief of respondent Matthew Jack D. Vogt filed.
  16. Dec 11 2017
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  17. Nov 20 2017
    Brief amicus curiae of United States filed.
  18. Nov 20 2017
    Brief amicus curiae of State and Local Government Employers filed.
  19. Nov 20 2017
    Brief amici curiae of The State of Kansas and 12 Other States filed.
  20. Nov 20 2017
    Brief amicus curiae of Criminal Justice Legal Foundation filed.
  21. Nov 13 2017
    Brief of petitioner City of Hays, Kansas filed.
  22. Nov 06 2017
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
  23. Nov 02 2017
    Blanket Consent filed by Respondent, Matthew Jack D. Vogt.
  24. Oct 31 2017
    Blanket Consent filed by Petitioner, City of Hays, Kansas
  25. Oct 02 2017
    Motion to dispense with printing the joint appendix filed by petitioner.
  26. Sep 28 2017
    Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition.
  27. Aug 30 2017
    DISTRIBUTED for Conference of 9/25/2017.
  28. Aug 23 2017
    Reply of petitioner City of Hays, Kansas filed.
  29. Aug 16 2017
    Brief of respondent Matthew Jack D. Vogt in opposition filed.
  30. Jun 29 2017
    Order extending time to file response to petition to and including August 16, 2017.
  31. Jun 13 2017
    Petition for a writ of certiorari filed. (Response due July 17, 2017)
  32. Apr 21 2017
    Application (16A996) granted by Justice Sotomayor extending the time to file until June 29, 2017.
  33. Apr 10 2017
    Application (16A996) to extend the time to file a petition for a writ of certiorari from April 30, 2017 to June 29, 2017, submitted to Justice Sotomayor.