No. 18-8754

Richard D. Pomeroy v. Municipality of Anchorage, Alaska

Lower Court: Alaska
Docketed: 2019-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment blood-test breath-test civil-penalties civil-rights constitutional-rights due-process fourth-amendment-search-and-seizure minor-traffic-infraction probable-cause search-and-seizure traffic-infraction traffic-stop
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2019-06-06
Question Presented (from Petition)

Should civil penalties been imposed on petitioner (Pomeroy) for refusal to submit to a breath test, when an intrusive blood test was administered to petitioner after being arrested for a minor traffic infraction.

Was there probable cause for the arresting officer to insist petitioner take a blood test, which petitioner did, when a nurse extracted parts of petitioner body with a needle after petitioner had already been charged with refusal to submit to a breath test.

Was petitioner correct in interpreting and retroactively applying the findings and new rulings in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) to petitioner appeal.

Question Presented (AI Summary)

Should civil penalties be imposed on petitioner for refusal to submit to a breath test when an intrusive blood test was administered

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-10
Waiver of right of respondent Munincipality of Anchoage to respond filed.
2019-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)

Attorneys

Munincipality of Anchoage
Sarah StanleyMunicipality of Anchorage - Prosecution, Respondent
Richard D. Pomeroy
Richard D. Pomeroy — Petitioner