Foster v. Chatman

Foster v. Chatman

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood

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RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

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MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-8349	Ga.	Nov 2, 2015 Tr.Aud.	May 23, 2016	7-1	Roberts	OT 2015

Holding: (1) This Court has jurisdiction to review the judgment of the Georgia Supreme Court denying Timothy Foster a certificate of probable cause on his claim, under Batson v. Kentucky, that the state's use of peremptory challenges to strike all four black prospective jurors qualified to serve on the jury for his capital murder trial was racially motivated; and (2) the decision of the Georgia Supreme Court that Foster failed to show purposeful discrimination was clearly erroneous.

Judgment: Reversed and remanded, 7-1, in an opinion by Chief Justice Roberts on May 23, 2016. Justice Alito filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion.

Opinion analysis: Telltale files on race-based jury selection (Lyle Denniston)
Argument analysis: To decide, or not -- that is the question (Lyle Denniston)
Argument preview: Race and the make-up of juries (Lyle Denniston)
As the 2015 Term opens: The Court’s unusual Eighth Amendment focus (Rory Little)
Criminal law grants for the October Term 2015 (Rory Little)
Major test on voter equality set for review (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Jan 30 2015	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2015)
Mar 9 2015	Brief of respondent Bruce Chatman, Warden in opposition filed.
Mar 24 2015	Reply of petitioner Timothy Tyrone Foster filed. (Distributed)
Mar 26 2015	DISTRIBUTED for Conference of April 17, 2015.
Apr 17 2015	Record Requested .
Apr 20 2015	DISTRIBUTED for Conference of April 24, 2015.
Apr 22 2015	Record received from Superior Court of Georgia, Butts County (6 boxes).
Apr 27 2015	DISTRIBUTED for Conference of May 1, 2015.
May 4 2015	DISTRIBUTED for Conference of May 14, 2015.
May 6 2015	Record received from the Supreme Court of Georgia. The record is electronic.
May 18 2015	DISTRIBUTED for Conference of May 21, 2015.
May 26 2015	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 9 2015	Motion to appoint counsel filed by petitioner Timothy Tyrone Foster.
Jun 15 2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 24, 2015.
Jun 15 2015	The time to file respondent's brief on the merits is extended to and including September 8, 2015.
Jun 17 2015	Motion DISTRIBUTED for Conference of September 28, 2015.
Jul 24 2015	Joint appendix filed (2 Volumes). (Statement of costs filed)
Jul 24 2015	Brief of petitioner Timothy Tyrone Foster filed.
Jul 31 2015	Brief amici curiae of Joseph diGenova, et al. filed.
Sep 8 2015	Brief of respondent Bruce Chatman, Warden filed.
Sep 9 2015	SET FOR ARGUMENT on Monday, November 2, 2015
Sep 21 2015	CIRCULATED
Oct 5 2015	Motion to appoint counsel filed by petitioner GRANTED. and Stephen B. Bright, Esquire, of Atlanta, Georgia, is appointed to serve as counsel for the petitioner in this case.
Oct 6 2015	Reply of petitioner Timothy Tyrone Foster filed. (Distributed)
Oct 30 2015	Letter from Clerk of Court advising that counsel should be prepared to discuss at oral argument whether certiorari in this case should be directed to the Supreme Court of Georgia or the Superior Court of Butts County, Georgia, and what significance, if any, that determination may have on the Courts resolution of the case.
Nov 2 2015	Argued. For petitioner: Stephen B. Bright, Atlanta, Ga. (Appointed by this Court.) For respondent: Beth A. Burton, Deputy Attorney General, Atlanta, Ga.
May 23 2016	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion.
May 23 2016	MANDATE ISSUED.
Jun 24 2016	JUDGMENT ISSUED
Jun 24 2016	MANDATE ISSUED
Mar 15 2017	The record from Butts County Superior Court has been returned.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74