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Teresa M. Graham v. Shannon L. Barnette, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-2512 · judgment August 17, 2020


GVR'd · June 7, 2021
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. WHETHER THE “COMMUNITY CARETAKING” EXCEPTION TO THE FOURTH AMENDMENT’S WARRANT REQUIREMENT EXTENDS TO THE HOME?

  2. WHETHER THE “COMMUNITY CARETAKING” EXCEPTION TO THE FOURTH AMENDMENT’S WARRANT REQUIREMENT CAN BE INVOKED TO JUSTIFY A WARRANTLESS ENTRY INTO A HOME WHERE THERE ARE NO REASONABLE GROUNDS TO BELIEVE AN EMERGENCY EXISTS?

  3. WHETHER THE DOCTRINE OF QUALIFIED IMMUNITY SHOULD BE MODIFIED OR OVERRULED?

Counsel of record

For petitioner
Jordan S. Kushner
Jordan Kushner Law office

For respondent
Brian Scott Carter
Office of the Minneapolis City Attorney

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 09 2021
    JUDGMENT ISSUED.
  2. Jun 07 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Caniglia v. Strom, 593 U. S. ___ (2021).
  3. May 26 2021
    Reply of petitioner Teresa Graham filed.
  4. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  5. Apr 29 2021
    Brief of respondents Shannon L. Barnette, et al. in opposition filed.
  6. Mar 25 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2021.
  7. Mar 24 2021
    Motion to extend the time to file a response from March 31, 2021 to April 30, 2021, submitted to The Clerk.
  8. Mar 01 2021
    Response Requested. (Due March 31, 2021)
  9. Feb 24 2021
    DISTRIBUTED for Conference of 3/19/2021.
  10. Dec 28 2020
    Petition for a writ of certiorari filed. (Response due February 8, 2021)