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Branden Huertas v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-4014 · judgment July 24, 2017

Certiorari denied · May 14, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

Can an individual “submit” to an assertion of police authority—and thus become seized within the meaning of this Court’s Fourth Amendment precedents—by complying temporarily before fleeing?

Counsel of record

For petitioner
Michael B. Kimberly
McDermott Will & Emery LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A378

Proceedings

  1. May 14 2018
    Petition DENIED.
  2. Apr 24 2018
    DISTRIBUTED for Conference of 5/10/2018.
  3. Apr 23 2018
    Reply of petitioner Branden Huertas filed.
  4. Apr 09 2018
    Brief of respondent United States in opposition filed.
  5. Mar 01 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including April 9, 2018.
  6. Feb 28 2018
    Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk.
  7. Jan 12 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2018.
  8. Jan 11 2018
    Motion to extend the time to file a response from February 7, 2018 to March 9, 2018, submitted to The Clerk.
  9. Jan 04 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2018.
  10. Jan 03 2018
    Motion to extend the time to file a response from January 8, 2018 to February 7, 2018, submitted to The Clerk.
  11. Dec 06 2017
    Petition for a writ of certiorari filed. (Response due January 8, 2018)
  12. Oct 06 2017
    Application (17A378) granted by Justice Ginsburg extending the time to file until December 7, 2017.
  13. Oct 05 2017
    Application (17A378) to extend the time to file a petition for a writ of certiorari from October 22, 2017 to December 7, 2017, submitted to Justice Ginsburg.