No. 18-6162

Lyanne Lemeunier-Fitzgerald v. Maine

Lower Court: Maine
Docketed: 2018-10-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 4th-amendment 5th-amendment blood-test civil-rights consent-coercion criminal-penalties due-process implied-consent mandatory-minimum sentencing-enhancement warrantless-search
Key Terms:
ERISA FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-01-11 (distributed 2 times)
Question Presented (from Petition)

Does a motorist voluntarily consent to a warrantless blood draw if she has been warned that refusal to submit will result in a mandatory minimum period of incarceration upon conviction?

Question Presented (AI Summary)

Does a motorist voluntarily consent to a warrantless blood draw if she has been warned that refusal to submit will result in a mandatory minimum period of incarceration upon conviction?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Reply of petitioner Lyanne Lemeunier-Fitzgerald filed.
2018-12-13
Brief of respondent State of Maine in opposition filed.
2018-11-16
Response Requested. (Due December 17, 2018)
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Waiver of right of respondent State of Maine to respond filed.
2018-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2018)

Attorneys

Lyanne Lemeunier-Fitzgerald
Jamesa J. DrakeDrake Law LLC, Petitioner
State of Maine
Donald William MacomberMaine Department of Atty. Gen., Respondent