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Flowers v. Mississippi

Motion to proceed in forma pauperis and petition for a writ of certiorari granted, judgment vacated and case remanded for further consideration in light of Foster v. Chatman on June 20, 2016

Docket No. Op. Below Argument Opinion Vote Author Term
14-10486 Miss. N/A N/A N/A N/A OT 2015

Issue: (1) Whether compelling a defendant to stand trial six times on the same charges, where three judgments were reversed due to prosecutorial misconduct and two other trials ended with hung juries, violates the Double Jeopardy Clause of the Fifth Amendment or the Due Process Clause of the Fourteenth Amendment; and (2) whether a prosecutor's history of adjudicated purposeful race discrimination must be considered when assessing the credibility of his proffered explanations for peremptory strikes against minority prospective jurors.

DateProceedings and Orders (key to color coding)
06/23/2015Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2015)
07/31/2015Order extending time to file response to petition to and including August 28, 2015.
09/03/2015Order further extending time to file response to petition to and including September 11, 2015.
09/11/2015Brief of respondent Mississippi in opposition filed.
09/28/2015Reply of petitioner Curtis Giovanni Flowers filed.
10/01/2015DISTRIBUTED for Conference of October 16, 2015.
10/05/2015Record Requested .
10/20/2015Record received from the Supreme Court of Mississippi (3 boxes).
10/22/2015DISTRIBUTED for Conference of November 6, 2015.
05/23/2016DISTRIBUTED for Conference of May 26, 2016.
05/31/2016DISTRIBUTED for Conference of June 2, 2016.
06/06/2016DISTRIBUTED for Conference of June 9, 2016.
06/13/2016DISTRIBUTED for Conference of June 16, 2016.
06/20/2016Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Foster v. Chatman, 578 U. S. ___ (2016). Justice Alito, with whom Justice Thomas joins, dissenting from the decision to grant, vacate, and remand. (Detached Opinion)
06/22/2016Record from the Supreme Court of Mississippi has been returned.
07/22/2016MANDATE ISSUED
07/22/2016JUDGMENT ISSUED