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Jeffrey Alan Olson v. Pennsylvania

Paid petition · Supreme Court of Pennsylvania, Western District, No. 26 WAP 2018 · judgment October 31, 2019


Certiorari denied · June 8, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

Whether this Court’s holding that states may not “impose criminal penalties on the refusal to submit to” a warrantless blood draw, Birchfield v. North Dakota, 136 S. Ct. 2160, 2185 (2016), is substantive and therefore applies retroactively. (i)

Counsel of record

For petitioner
David Thomas Leake
Law Office of David T. Leake

For respondent
Hugh J. Burns Jr.
Pennsylvania Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
19A807

Proceedings

  1. Jun 08 2020
    Petition DENIED.
  2. May 20 2020
    Reply of petitioner Jeffrey Olson filed. (Distributed)
  3. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  4. May 13 2020
    Brief of Pennsylvania in opposition not accepted for filing. (May 18, 2020)(Dupilicate submission)
  5. May 01 2020
    Brief of respondent Pennsylvania in opposition filed.
  6. Apr 06 2020
    Response Requested. (Due May 6, 2020)
  7. Apr 01 2020
    DISTRIBUTED for Conference of 4/17/2020.
  8. Mar 16 2020
    Waiver of right of respondent Pennsylvania to respond filed.
  9. Feb 28 2020
    Petition for a writ of certiorari filed. (Response due March 30, 2020)
  10. Jan 21 2020
    Application (19A807) granted by Justice Alito extending the time to file until February 28, 2020.
  11. Jan 16 2020
    Application (19A807) to extend the time to file a petition for a writ of certiorari from January 29, 2020 to February 28, 2020, submitted to Justice Alito.