No. 18-396

Brittan Holland, et al. v. Kelly Rosen, et al.

Lower Court: Third Circuit
Docketed: 2018-09-28
Status: Denied
Type: Paid
Amici (2)Response Waived Experienced Counsel
Tags: bail bail-reform-act criminal-procedure due-process eighth-amendment fourth-amendment monetary-bail new-jersey pretrial-detention pretrial-liberty restrictive-conditions
Key Terms:
DueProcess FourthAmendment Punishment Privacy
Latest Conference: 2018-10-26
Question Presented (from Petition)

Whether New Jersey, which authorizes monetary bail, but affirmatively requires courts to exhaust more restrictive non-monetary conditions before even considering monetary bail, unnecessarily restricts pretrial liberty in violation of the Eighth Amendment, Due Process Clause, or Fourth Amendment.

Question Presented (AI Summary)

Whether New Jersey's law prohibiting courts from considering monetary bail unless no combination of non-monetary conditions will reasonably assure the accused's appearance unnecessarily restricts pretrial liberty in violation of the Eighth Amendment, Due Process Clause, or Fourth Amendment

Docket Entries

2018-10-29
Petition DENIED.
2018-10-17
Brief amici curiae of Criminal Defense Attorneys filed. (Distributed)
2018-10-17
Brief amici curiae of Bail Agents Associations filed. (Distributed)
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-10
Blanket Consent filed by Petitioners, Brittan Holland, et al..
2018-10-10
Letter of October 10, 2018 from counsel for petitioners received. (Distributed)
2018-10-04
Waiver of right of respondents Kelly Rosen, et al. to respond filed.
2018-09-21
Petition for a writ of certiorari filed. (Response due October 29, 2018)

Attorneys

Bail Agents Associations
Jeffrey Matthew HarrisConsovoy McCarthy Park PLLC, Amicus
Brittan Holland, et al.
Paul D. ClementKirkland & Ellis LLP, Petitioner
Criminal Defense Attorneys
Michael Hugh McGinleyDechert LLP, Amicus
Kelly Rosen, et al.
Stuart Mark FeinblattOffice of the Attorney General of New Jersey, Respondent