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Michigan v. Anthony Michael Owen
Paid petition · Court of Appeals of Michigan, No. 339668 · judgment July 23, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Respondent was stopped for speeding in a residential street within the village, on a road with a 25 MPH sign going the other way, where almost all the rest of the village has 25 MPH signs. Five months later, the parties determined that state law set the speed limit at 55 MPH because the village had not modified the speed limit in the manner as then required by state law. The question is: Should this Court resolve a split on whether Heien v. North Carolina, 574 U.S. 54 (2014), applies to situations where the law (once discovered) is clear but the circumstances make applying it uncertain; or, put another way, should the exclusionary rule apply in this situation where there is no deliberate, reckless, or grossly negligent police conduct? PETITION FOR WRIT OF CERTIORARI LOWER COURT PROCEEDINGS Court Docket Case Caption Date of Number Judgment 64A District 151272STA Order Denying Motion to Suppress 11/24/15 Court 8th Circuit 15-H-31675- Order Granting Application for Leave 1/19/16 Court AR to Appeal to Circuit Court and Remanding for Evidentiary Hearing 64A District 151272STA Order Determining Speed Limit 2/12/16 Court 8 Circuit th 15-H-31675- Remand to District Court 4/14/16 Court AR 64A District 151272STA Order Suppressing Evidence and 5/11/16 Court Dismissing Case 8th Circuit 15-H-31675- Order Affirming Lower Court’s Order 8/28/16 Court AR 64A District 151272STA Remand to District Court for 11/16/16 Court Evidentiary Hearing 8 Circuit th 15-H-31675- Order Vacating District Court 2/22/17 Court AR Suppression and Remanding to District Court 64A District 151272STA Order Reinstating Bond and Staying 3/9/17 Court Proceedings Pending Appeal Court of 339668 Application for Leave to Appeal 5/22/17 Appeals Denied 64A District 151272STA Guilty Plea 6/20/17 Court Court of 339668 Application for Leave to Appeal 1/30/18 Appeals Denied MI Supreme 157380 Order Remanding to Court of Appeals 9/12/18 Court for reconsideration Court of 339668 Reversed and Remanded 7/23/19 Appeals MI Supreme 160150 Order Granting Oral Argument on 3/23/19 Court Application for Leave to Appeal MI Supreme 160150 Order Denying Application for Leave 12/30/20 Court to Appeal PETITION FOR WRIT OF CERTIORARI
Counsel of record
For petitioner
Jerrold Edward Schrotenboer
Prosecuting Attorney's Office
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 04 2021Petition DENIED.
- Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 20 2021Brief of respondent Anthony Michael Owen in opposition filed.
- Jul 14 2021Motion to extend the time to file a response is granted and the time is extended to and including August 20, 2021.
- Jul 13 2021Motion to extend the time to file a response from July 21, 2021 to August 20, 2021, submitted to The Clerk.
- Jun 21 2021Response Requested. (Due July 21, 2021)
- Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 03 2021Waiver of right of respondent Anthony Michael Owen to respond filed.
- May 12 2021