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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. Op. Below Argument Opinion Vote Author Term
15-7553 Ala. 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