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Kentucky v. Jared McCarthy

Paid petition · Supreme Court of Kentucky, No. 2019-SC-0380-DG · judgment April 29, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the Fourth Amendment prohibits the admission of a defendant’s refusal of a blood test in an impaired-driving prosecution.

  2. Whether the Fourth Amendment prohibits a mandatory minimum sentence based on a defendant’s refusal of a blood test in an impaired-driving prosecution.

Counsel of record

For petitioner
Matthew Franklin Kuhn
Office of the Kentucky Attorney General

For respondent
Erin Hoffman Yang
Department of Public Advocacy

Case

Conference history
Distributed for 1 conference

Linked docket
21A142

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 26 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 26 2022
    Motion for leave to file amici brief filed by Colorado, et al. (Distributed)
  4. Jan 24 2022
    Waiver of Jared McCarthy of right to respond not accepted for filing. (January 24, 2022)
  5. Jan 24 2022
    Waiver of right of respondent Jared McCarthy to respond filed.
  6. Dec 22 2021
    Petition for a writ of certiorari filed. (Response due January 26, 2022)
  7. Nov 10 2021
    Application (21A142) granted by Justice Kavanaugh extending the time to file until December 22, 2021.
  8. Nov 08 2021
    Application (21A142) to extend the time to file a petition for a writ of certiorari from November 24, 2021 to December 22, 2021, submitted to Justice Kavanaugh.