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Foster v. Chatman

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Docket No. Op. Below Argument Opinion Vote Author Term
14-8349 Ga. Nov 2, 2015 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 30 2015Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2015)
Mar 9 2015Brief of respondent Bruce Chatman, Warden in opposition filed.
Mar 24 2015Reply of petitioner Timothy Tyrone Foster filed. (Distributed)
Mar 26 2015DISTRIBUTED for Conference of April 17, 2015.
Apr 17 2015Record Requested .
Apr 20 2015DISTRIBUTED for Conference of April 24, 2015.
Apr 22 2015Record received from Superior Court of Georgia, Butts County (6 boxes).
Apr 27 2015DISTRIBUTED for Conference of May 1, 2015.
May 4 2015DISTRIBUTED for Conference of May 14, 2015.
May 6 2015Record received from the Supreme Court of Georgia. The record is electronic.
May 18 2015DISTRIBUTED for Conference of May 21, 2015.
May 26 2015Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 9 2015Motion to appoint counsel filed by petitioner Timothy Tyrone Foster.
Jun 15 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 24, 2015.
Jun 15 2015The time to file respondent's brief on the merits is extended to and including September 8, 2015.
Jun 17 2015Motion DISTRIBUTED for Conference of September 28, 2015.
Jul 24 2015Joint appendix filed (2 Volumes). (Statement of costs filed)
Jul 24 2015Brief of petitioner Timothy Tyrone Foster filed.
Jul 31 2015Brief amici curiae of Joseph diGenova, et al. filed.
Sep 8 2015Brief of respondent Bruce Chatman, Warden filed.
Sep 9 2015SET FOR ARGUMENT on Monday, November 2, 2015
Sep 21 2015CIRCULATED
Oct 5 2015Motion 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 2015Reply of petitioner Timothy Tyrone Foster filed. (Distributed)
Oct 30 2015Letter 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 CourtΒ’s resolution of the case.
Nov 2 2015Argued. For petitioner: Stephen B. Bright, Atlanta, Ga. (Appointed by this Court.) For respondent: Beth A. Burton, Deputy Attorney General, Atlanta, Ga.
May 23 2016Judgment 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 2016MANDATE ISSUED.
Jun 24 2016JUDGMENT ISSUED
Jun 24 2016MANDATE ISSUED
Mar 15 2017The record from Butts County Superior Court has been returned.