I looked through http://www.supremecourt.gov/opinions/09pdf/08-964.pdf http://www.supremecourt.gov/opinions/09pdf/08-964.pdf and couldn't find what you're refer

I looked through http://www.supremecourt.gov/opinions/09pdf/08-964.pdf http://www.supremecourt.gov/opinions/09pdf/08-964.pdf and couldn't find what you're referring to. If you find a more specific citation, please let me know.