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Flowers v. Mississippi

Docket No. Op. Below Argument Opinion Vote Author Term
17-9572 Miss. Mar 20, 2019
Tr.Aud.
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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 30 2018Application (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 2018Application (17A1205) granted by Justice Alito extending the time to file until June 22, 2018.
Jun 22 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)
Jul 17 2018Motion to extend the time to file a response from July 26, 2018 to August 27, 2018, submitted to The Clerk.
Jul 20 2018Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
Jul 26 2018Brief amici curiae of Magnolia Bar Association, Mississippi Center for Justice, and Innocence Project New Orleans filed.
Aug 20 2018Motion to extend the time to file a response from August 27, 2018 to September 26, 2018, submitted to The Clerk.
Aug 23 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 26, 2018.
Sep 27 2018Brief of respondent Mississippi in opposition filed.
Oct 09 2018Reply of petitioner Curtis Flowers filed. (Distributed)
Oct 11 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 02 2018Motion 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 2018Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Nov 27 2018Motion 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 2018Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Dec 27 2018Joint appendix filed (2 Volumes). (Statement of costs filed)
Dec 27 2018Brief of petitioner Curtis Flowers filed.
Jan 03 2019Brief amici curiae of Former Justice Department Officials filed.
Jan 08 2019Motion of respondent for an extension of time filed.
Jan 15 2019Motion to extend the time to file respondent's brief on the merits is granted to and including February 7, 2019.
Jan 25 2019SET FOR ARGUMENT on Wednesday, March 20, 2019
Feb 07 2019Brief of respondent State of Mississippi filed.
Feb 14 2019CIRCULATED
Feb 26 2019Record received from the Supreme Court of Mississippi is electronic and complete.
Mar 07 2019Reply of petitioner Curtis Flowers filed. (Distributed)
Mar 20 2019Argued. For petitioner: Sheri Lynn Johnson, Ithaca, N. Y. For respondent: Jason Davis, Special Assistant Attorney General, Jackson, Miss.
Jun 21 2019Judgment 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.
 
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