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Floyd v. Alabama

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. Argument Opinion Vote Author Term
15-7553 N/A N/A N/A N/A OT 2015

Issue: (1) Whether the Alabama courts' failure to find racial and gender discrimination in the selection of Mr. Floyd's jury, where the prosecutor had a documented history of racial discrimination, marked African American venire members with a "B" on his strike list, then struck ten of eleven qualified African American prospective jurors, conflicts with this Court's precedent in Batson v. Kentucky and J.E.B. v. Alabama; and (2) whether this Court should hold this case in abeyance pending its resolution of Foster v. Chatman.

DateProceedings and Orders (key to color coding)
11/03/2015Application (15A493) to extend the time to file a petition for a writ of certiorari from November 19, 2015 to December 18, 2015, submitted to Justice Thomas.
11/12/2015Application (15A493) granted by Justice Thomas extending the time to file until December 18, 2015.
12/18/2015Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2016)
02/16/2016Order extending time to file response to petition to and including March 2, 2016.
03/01/2016Brief of respondent Alabama in opposition filed.
03/17/2016DISTRIBUTED for Conference of April 1, 2016.
05/23/2016DISTRIBUTED for Conference of May 26, 2016.
05/26/2016Record Requested .
05/31/2016DISTRIBUTED for Conference of June 2, 2016.
06/06/2016DISTRIBUTED for Conference of June 9, 2016.
06/06/2016Record received from the Supreme Court of Alabama. The record is electronic.
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 in this case: I would deny the petition for the reasons set out in my statement in Flowers v. Mississippi, 579 U. S. ____ (2016) (Alito, J., dissenting from the decision to grant, vacate, and remand).
07/22/2016MANDATE ISSUED
07/22/2016JUDGMENT ISSUED