Breaking News

Galloway v. Mississippi

Petition for certiorari denied on May 27, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-761 Miss. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Mississippi Supreme Court erred in holding that the Confrontation Clause of the Sixth Amendment permits a forensic analyst to inform the jury of the results of forensic testing of DNA evidence that she did not participate in or observe, so long as she is “familiar with each step of the complex testing process conducted by” the non-testifying expert and “conducted her own [comparison] analysis” of the DNA profiles generated by the non-testifying expert; (2) whether the court below erred in holding that the Eighth and Fourteenth Amendments permit the exclusion from a capital trial of a defendant’s proffered evidence of the harsh and suffering prison conditions he would face if the jury elected a sentence of life imprisonment instead of execution, where such evidence rebuts the argument that the death penalty is needed to hold the defendant accountable, rebuts the state’s suggestion of future dangerousness, and is constitutionally relevant mitigation evidence; and (3) whether a violation of the Eighth Amendment’s requirement that jurors be permitted to form a reasoned moral response to the defendant’s background, character, and crime may be excused as harmless error, as the court below and some United States courts of appeals have found, or whether such constitutional error must require automatic reversal of the death sentence, as other United States courts of appeals have held.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 20 2013Petition for a writ of certiorari filed. (Response due January 27, 2014)
Jan 28 2014Order extending time to file response to petition to and including February 26, 2014.
Feb 25 2014Order further extending time to file response to petition to and including March 7, 2014.
Mar 7 2014Brief of respondent Mississippi in opposition filed.
Mar 26 2014DISTRIBUTED for Conference of April 18, 2014.
Mar 26 2014Reply of petitioner Leslie Galloway, III filed. (Distributed)
Apr 29 2014DISTRIBUTED for Conference of May 15, 2014.
May 19 2014DISTRIBUTED for Conference of May 22, 2014.
May 27 2014Petition DENIED.