Supreme Court Report

Supreme Court of the United States · Official docket →

Minnesota v. Mark Jerome Johnson

Paid petition · Supreme Court of Minnesota, No. A17-842, A17-883 · judgment November 19, 2018

Certiorari denied · June 24, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

Is this Court’s ruling in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016)—that a motorist may not be criminally punished for refusing to submit to a blood test unless law enforcement has a warrant or an exception to the warrant requirement applies—a new substantive rule of federal constitutional law that applies retroactively to cases on collateral review?

Counsel of record

For petitioner
Thomas R. Ragatz
Ramsey County Attorney's Office

For respondent
Cathryn Young Middlebrook
Minnesota Public Defender's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 24 2019
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Jun 24 2019
    Motion for leave to file amicus brief filed by Mothers Against Drunk Driving GRANTED.
  3. Jun 24 2019
    Petition DENIED.
  4. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  5. May 30 2019
    Reply of petitioner Minnesota filed.
  6. May 16 2019
    Motion for leave to proceed in forma pauperis filed by respondent Mark J. Johnson.
  7. May 16 2019
    Brief of respondent Mark J. Johnson in opposition filed.
  8. May 16 2019
    Certificate of service filed with respect to brief in opposition of respondent Mark J. Johnson.
  9. Apr 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2019.
  10. Apr 22 2019
    Motion to extend the time to file a response from May 1, 2019 to June 3, 2019, submitted to The Clerk.
  11. Apr 01 2019
    Response Requested. (Due May 1, 2019)
  12. Mar 20 2019
    DISTRIBUTED for Conference of 4/12/2019.
  13. Mar 20 2019
    Motion for leave to file amicus brief filed by Mothers Against Drunk Driving. (Distributed)
  14. Mar 06 2019
    Waiver of right of respondent Mark J. Johnson to respond filed.
  15. Feb 19 2019
    Petition for a writ of certiorari filed. (Response due March 25, 2019)