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Bobby Johnson v. North Carolina

Paid petition · Supreme Court of North Carolina, No. 57PA17 · judgment January 10, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether an officer violates a defendant’s constitutional privilege against self-incrimination or due process rights by (a) delivering Miranda warnings at the end of a long, uninterrupted custodial interrogation but before the defendant makes any incriminating statements and (b) timing the warnings to undermine their effectiveness.

  2. Whether incriminating statements that a defendant made after receiving Miranda warnings are admissible when an officer (a) delivered the warnings at the end of a long, uninterrupted custodial interrogation but before the defendant made any incriminating statements and (b) timed the warnings to undermine their effectiveness.

Counsel of record

For petitioner
Brian David Boone
Alston & Bird LLP

For respondent
Derrick Charles Mertz
North Carolina Department of Justice

Case

Conference history
Distributed for 1 conference

Linked docket
18A969

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 10 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 28 2019
    Waiver of right of respondent State of North Carolina to respond filed.
  4. Jun 10 2019
    Petition for a writ of certiorari filed. (Response due July 15, 2019)
  5. Mar 27 2019
    Application (18A969) granted by The Chief Justice extending the time to file until June 9, 2019.
  6. Mar 22 2019
    Application (18A969) to extend the time to file a petition for a writ of certiorari from April 10, 2019 to June 9, 2019, submitted to The Chief Justice.