|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-9572||Miss.||Mar 20, 2019||Jun 21, 2019||7-2||Kavanaugh||OT 2018|
Holding: The trial court at Curtis Flowers’ sixth murder trial committed clear error in concluding that the state’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kavanaugh on June 21, 2019. Justice Alito filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined as to Parts I, II, and III.
|Date||Proceedings and Orders |
|Apr 30 2018||Application (17A1205) to extend the time to file a petition for a writ of certiorari from May 23, 2018 to July 7, 2018, submitted to Justice Alito.|
|May 02 2018||Application (17A1205) granted by Justice Alito extending the time to file until June 22, 2018.|
|Jun 22 2018||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)|
|Jul 17 2018||Motion to extend the time to file a response from July 26, 2018 to August 27, 2018, submitted to The Clerk.|
|Jul 20 2018||Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.|
|Jul 26 2018||Brief amici curiae of Magnolia Bar Association, Mississippi Center for Justice, and Innocence Project New Orleans filed.|
|Aug 20 2018||Motion to extend the time to file a response from August 27, 2018 to September 26, 2018, submitted to The Clerk.|
|Aug 23 2018||Motion to extend the time to file a response is granted and the time is further extended to and including September 26, 2018.|
|Sep 27 2018||Brief of respondent Mississippi in opposition filed.|
|Oct 09 2018||Reply of petitioner Curtis Flowers filed. (Distributed)|
|Oct 11 2018||DISTRIBUTED for Conference of 10/26/2018.|
|Oct 29 2018||DISTRIBUTED for Conference of 11/2/2018.|
|Nov 02 2018||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky, 476 U. S. 79 (1986), in this case.|
|Nov 20 2018||Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.|
|Nov 27 2018||Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including December 27, 2018.|
|Dec 27 2018||Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.|
|Dec 27 2018||Joint appendix filed (2 Volumes). (Statement of costs filed)|
|Dec 27 2018||Brief of petitioner Curtis Flowers filed.|
|Jan 03 2019||Brief amici curiae of Former Justice Department Officials filed.|
|Jan 08 2019||Motion of respondent for an extension of time filed.|
|Jan 15 2019||Motion to extend the time to file respondent's brief on the merits is granted to and including February 7, 2019.|
|Jan 25 2019||SET FOR ARGUMENT on Wednesday, March 20, 2019|
|Feb 07 2019||Brief of respondent State of Mississippi filed.|
|Feb 14 2019||CIRCULATED|
|Feb 26 2019||Record received from the Supreme Court of Mississippi is electronic and complete.|
|Mar 07 2019||Reply of petitioner Curtis Flowers filed. (Distributed)|
|Mar 20 2019||Argued. For petitioner: Sheri Lynn Johnson, Ithaca, N. Y. For respondent: Jason Davis, Special Assistant Attorney General, Jackson, Miss.|
|Jun 21 2019||Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined as to Parts I, II, and III.|
|Jul 23 2019||MANDATE ISSUED.|
|Jul 23 2019||JUDGMENT ISSUED.|
|Nov 06 2019||MANDATE ISSUED.|
#SCOTUS does not take up 2nd question in the case, on whether to overrule its 2020 decision in McGirt v. Oklahoma. Full order is here: https://www.supremecourt.gov/orders/courtorders/012122zr_3f14.pdf https://twitter.com/AHoweBlogger/status/1484606315519516675
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