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Peter Balov v. California

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. D073018 · judgment May 23, 2018

Certiorari denied · February 24, 2020
Pre-decision estimate: 0% cert probability

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

Question presented

The question presented: Is a motorist’s consent to a blood draw, for purposes of determining bloodalcohol content, voluntary within the meaning of the Fourth Amendment where the motorist selects blood after unlawfully being instructed by the arresting officer that he was “required to submit” to either breath or blood testing?

Counsel of record

For petitioner
David Sanders Wilson
The Law Office of David S. Wilson, APC

For respondent
Shelley A. Webb
San Diego City Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 15 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Dec 23 2019
    Waiver of right of respondent California to respond filed.
  4. Nov 26 2019
    Petition for a writ of certiorari filed. (Response due January 2, 2020)