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Gerald P. Mitchell v. Wisconsin

IFP petition · Supreme Court of Wisconsin, No. 2015AP304 · judgment July 3, 2018

Decided · June 27, 2019

Question presented

In both Missouri v. McNeely and Birchfield v. North Dakota, this Court referred approvingly to "implied-consent laws that impose civil penalties and evidentiary consequences on motorists who refuse to comply" with tests for alcohol or drugs when they have been arrested on suspicion of driving while intoxicated. 569 U.S. at 141, 161 (2013); 136 S. Ct. 2160, 2185 (2016). But a majority of states, including Wisconsin, have implied-consent laws that do something else entirely: they authorize blood draws without a warrant, without exigency, and without the assent of the motorist, under a variety of circumstances-most commonly when the motorist is unconscious. State appellate courts have sharply divided on whether such laws comport with the Fourth Amendment. The question presented is: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.

Counsel of record

For petitioner
Andrew Robert Hinkel
Wisconsin State Public Defender

For respondent
Anthony David Russomanno
Wisconsin Department of Justice

Case

Conference history
Distributed for 2 conferences

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

Argument & decision

Argued April 23, 2019 — Andrew R. Hinkel · Hannah S. Jurss. Audio and transcript

Decided June 27, 2019. Opinion by Alito.

Proceedings

  1. Jul 29 2019
    MANDATE SSUED.
  2. Jul 29 2019
    JUDGMENT ISSUED.
  3. Jun 27 2019
    Judgment VACATED and case REMANDED. Alito, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion.
  4. Apr 23 2019
    Argued. For petitioner: Andrew R. Hinkel, Assistant State Public Defender, Madison, Wis. For respondent: Hannah S. Jurss, Assistant Attorney General, Madison, Wis.
  5. Apr 16 2019
    Reply of petitioner Gerald P. Mitchell filed. (Distributed)
  6. Apr 03 2019
    Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
  7. Apr 03 2019
    Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)
  8. Apr 03 2019
    Brief amici curiae of League of Wisconsin Municipalities, et al. filed. (Distributed)
  9. Apr 03 2019
    Brief amici curiae of State of Colorado, et al. filed. (Distributed)
  10. Mar 27 2019
    Brief of respondent Wisconsin filed. (Distributed)
  11. Mar 20 2019
    CIRCULATED
  12. Mar 04 2019
    Supplemental proof of service of amicus California DUI Lawyers Association filed.
  13. Mar 04 2019
    Brief amici curiae of the Rutherford Institute and the Cato Institute filed.
  14. Mar 04 2019
    Brief amicus curiae of Restore the Fourth, Inc. filed.
  15. Mar 04 2019
    Brief amici curiae of the DKT Liberty Project, Reason Foundation, and The Due Process Institute filed.
  16. Mar 04 2019
    Brief amici curiae of the American Civil Liberties Union and ACLU of Wisconsin filed.
  17. Mar 04 2019
    Brief amicus curiae of DUI Defense Lawyers Association filed.
  18. Mar 01 2019
    Brief amicus curiae of National College for DUI Defense, Inc. filed.
  19. Feb 26 2019
    Brief amicus curiae of California DUI Lawyers Association filed.
  20. Feb 25 2019
    Joint appendix filed.
  21. Feb 25 2019
    Brief of petitioner Gerald P. Mitchell filed.
  22. Feb 18 2019
    Blanket Consent filed by Petitioner, Gerald P. Mitchell.
  23. Feb 18 2019
    Blanket Consent filed by Respondent, Wisconsin
  24. Feb 11 2019
    SET FOR ARGUMENT on Tuesday, April 23, 2019
  25. Jan 11 2019
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  26. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  27. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  28. Dec 19 2018
    Reply of petitioner Gerald P. Mitchell filed. (Distributed)
  29. Dec 05 2018
    Brief of respondent Wisconsin in opposition filed.
  30. Oct 18 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 5, 2018.
  31. Oct 16 2018
    Motion to extend the time to file a response from November 5, 2018 to December 5, 2018, submitted to The Clerk.
  32. Oct 01 2018
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)