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Bohannon v. Alabama

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Petition for certiorari denied on January 23, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-6746 Ala. N/A N/A N/A N/A OT 16

Issues: (1) Whether the Constitution requires – in a state where each aggravating circumstance is critical to the determination of a sentence – that every aggravating circumstance on which a death sentence is premised be found by a unanimous jury; (2) whether the Constitution requires – in a state where a sentencer is required to find that the aggravating circumstances outweigh the mitigating circumstances to impose death – that this finding be made by a unanimous jury; (3) whether the imposition of a death sentence in the absence of a unanimous jury verdict in support of death – a result that, today, can occur only in Montana and Alabama in their standard sentencing procedures, and in extremely rare circumstances in Indiana and Missouri – violates the Constitution; and (4) whether the Constitution prohibits imposition of a death sentence in a case in which the jury was instructed that its sentencing determination would be advisory or a recommendation.

DateProceedings and Orders (key to color coding)
Nov 2 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2016)
Nov 21 2016Brief of respondent Alabama in opposition filed.
Nov 30 2016Reply of petitioner Jerry Bohannon filed.
Dec 8 2016DISTRIBUTED for Conference of January 6, 2017.
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.