Record returned to the Supreme Court of Illinois.

MANDATE ISSUED. (orders list)

Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court.

Argued. For petitioner: James K. Leven, Chicago, Ill. For respondent: Michael A. Scodro, Solicitor General, Chicago, Ill.; and Matthew D. Roberts, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicu

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Reply of petitioner Michael Rivera filed. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of United States filed. (Distributed)

Brief amicus curiae of National District Attorneys Association filed. (Distributed)

Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)

Brief amici curiae of Florida, et al. filed. (Distributed)

Brief of respondent Illinois filed. (Distributed)

Record received from the Supreme Court of Illinois. (1 box)

CIRCULATED.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

SET FOR ARGUMENT ON Monday, February 23, 2009.

Joint appendix filed.

Brief of petitioner Michael Rivera filed.

Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the respondent.

The time within which to file respondent's brief on the merits is extended to and including January 21, 2009.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner.

Brief amicus curiae of Wayne County Michigan in support of respondent filed.

The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including December 5, 2008.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. (orders list)

DISTRIBUTED for Conference of September 29, 2008.

Reply of petitioner Michael Rivera filed. (Distributed)

Brief of respondent Illinois in opposition filed.

Order further extending time to file response to petition to and including June 20, 2008.

Order extending time to file response to petition to and including May 21, 2008.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2008)

Michael Rivera, Petitioner, represented by James K. Leven

Illinois, Respondent, represented by Alan J. Spellberg

Illinois, Respondent, represented by Michael A. Scodro

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

Florida, et al.,, Amicus Curiae, represented by Scott D. Makar

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Abigail K. Hemani

National District Attorneys Association, Amicus Curiae, represented by Linda T. Coberly

the United States, Amicus Curiae, represented by Elena Kagan

Wayne County Michigan in support of respondent, Amicus Curiae, represented by Timothy A. Baughman