Arthur v. Alabama

Petition for certiorari denied on January 23, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-595 Ala. N/A N/A N/A N/A OT 2016

Issues: (1) Whether Alabama's advisory-jury death-sentencing scheme, which is in all relevant aspects the same as the Florida scheme reviewed in Hurst v. Florida, violates the Sixth Amendment; (2) whether Hurst and the Sixth and Eighth Amendments require, at least, a unanimous jury recommendation for a sentence of death, as the Florida Supreme Court held on remand in Hurst; and (3) whether the Supreme Court's decision in Hurst applies retroactively to the petitioner's case, and the cases of other condemned inmates sentenced under unconstitutional capital sentencing laws, when the new rule announced in Hurst implicates the fundamental right to a fair trial and substantially enhances fact-finding procedures.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 3 2016Petition for a writ of certiorari filed. (Response due December 5, 2016)
Nov 3 2016Application (16A450) for a stay of execution of sentence of death, submitted to Justice Thomas.
Nov 3 2016Brief of respondent Alabama in opposition filed.
Nov 3 2016Response to application from respondent Alabama filed.
Nov 3 2016Reply of petitioner Thomas Douglas Arthur filed.
Nov 7 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 8 2016Rescheduled.
Nov 15 2016DISTRIBUTED for Conference of December 2, 2016.
Nov 23 2016Rescheduled.
Dec 5 2016DISTRIBUTED for Conference of December 9, 2016.
Dec 27 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017DISTRIBUTED for Conference of January 19, 2017.
Jan 23 2017Petition DENIED.
 
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