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Decided

Michigan v. Bryant

Docket No.09-150
Op. BelowMich. S.Ct.
ArgumentOct 5, 2010
Vote6-2
AuthorSonia Sotomayor
OpinionFeb 28, 2011
TermOctober Term 2010
SCOTUS PageOpinion

Holding

A statement given to police by a wounded crime victim identifying the person who shot him may be admitted as evidence at the trial if the victim dies before trial and thus does not appear. Because the primary purpose of the interrogation was to enable police to deal with an ongoing emergency, the statements resulting from that interrogation were not testimonial and could be admitted without violating the Confrontation Clause. (Kagan, J., recused).

Plain English Holding

A statement given to police by a wounded crime victim identifying the person who shot him is nontestimonial, and thus may be admitted as evidence at the trial without violating the Confrontation Clause even though the victim has died and thus cannot appear, because the primary purpose of the interrogation was to enable police to deal with an ongoing emergency. (Kagan, J., recused).

The Federal Communications Commission can bar AT&T from charging market rates for access to the equipment its competitors need to access AT&T’s network.

Judgment

Vacated and Remanded, 6-2, in an opinion by Sonia Sotomayor on Feb 28, 2011. Justice Scalia and Justice Ginsburg each filed separate dissents. Justice Kagan did not take part in the decision.

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

Related Coverage

Proceedings & orders timeline

Jul 28, 2009
Petition for a writ of certiorari filed. (Response due September 4, 2009)
Sep 3, 2009
Brief of respondent Richard Perry Bryant in opposition filed.
Sep 3, 2009
Motion for leave to proceed in forma pauperis filed by respondent Richard Perry Bryant.
Sep 16, 2009
DISTRIBUTED for Conference of October 9, 2009.
Sep 29, 2009
Record Requested .
Oct 8, 2009
Record received from Michigan Supreme Court (1 envelope).
Oct 9, 2009
Record received from State of Michigan Court of Appeals (1 envelope).
Nov 2, 2009
Record received from State of Michigan Third Judicial Circuit Wayne County (1 box).
Nov 4, 2009
DISTRIBUTED for Conference of November 24, 2009.
Feb 16, 2010
DISTRIBUTED for Conference of February 19, 2010.
Feb 22, 2010
DISTRIBUTED for Conference of February 26, 2010.
Mar 1, 2010
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Mar 1, 2010
Petition GRANTED.
Mar 3, 2010
Motion to appoint counsel filed by respondent Richard Perry Bryant.
Mar 24, 2010
Motion DISTRIBUTED for Conference of April 16, 2010.
Apr 2, 2010
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including April 30, 2010.
Apr 2, 2010
The time within which to file respondent's brief on the merits is extended to and including June 16, 2010.
Apr 19, 2010
Motion to appoint counsel filed by respondent GRANTED. Peter Jon Van Hoek, Esquire, of Detroit, Michigan is appointed to serve as counsel for the respondent in this case.
Apr 29, 2010
Brief of petitioner Michigan filed.
Apr 29, 2010
Joint appendix filed.
May 6, 2010
Brief amicus curiae of the United States filed.
May 6, 2010
Brief amici curiae of Maryland, et al. filed.
Jun 16, 2010
Brief of respondent Richard Perry Bryant filed.
Jun 18, 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jun 23, 2010
Brief amicus curiae of Richard D. Friedman filed.
Jun 23, 2010
Motion of Richard D. Friedman for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jun 23, 2010
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 15, 2010
Reply of petitioner Michigan filed.
Jul 20, 2010
SET FOR ARGUMENT ON Tuesday, October 5, 2010
Jul 29, 2010
CIRCULATED.
Aug 16, 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Aug 16, 2010
Motion of Richard D. Friedman for leave to participate in oral argument as amicus curiae and for divided argument DENIED. Justice Kagan took no part in the consideration or decision of this motion.
Sep 7, 2010
Justice Kagan is recused in this case.
Oct 5, 2010
Argued. For petitioner: Lori B. Palmer, Assistant Prosecuting Attorney, Wayne County, Detroit, Mich.; and Leondra R. Kruger, Acting Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For repondent: Peter Jon Van Hoek, Assistant Defender, Detroit, Mich. (Appointed by this Court.)
Feb 28, 2011
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Scalia, J., and Ginsburg, J., filed dissenting opinions. Kagan, J., took no part in the consideration or decision of the case.
Apr 1, 2011
JUDGMENT ISSUED
Apr 8, 2011
Record returned to Court of Appeals of Michigan.
Apr 8, 2011
Record returned to Supreme Court of Michigan.

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