Editor's Note :

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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

Madison v. Alabama

Docket No. Op. Below Argument Opinion Vote Author Term
17-7505 Ala. Cir. Ct. Oct 2, 2018
Tr.Aud. 		Feb 27, 2019 5-3 Kagan OT 2018

Holding: The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.

Judgment: Vacated and remanded, 5-3, in an opinion by Justice Kagan on February 27, 2019. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined. Justice Kavanaugh took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 18 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2018)
Jan 19 2018Brief of respondent State of Alabama in opposition filed.
Jan 22 2018Application (17A770) for a stay of execution of sentence of death, submitted to Justice Thomas.
Jan 22 2018Reply of petitioner Vernon Madison filed.
Jan 22 2018Response to application from respondent State of Alabama filed.
Jan 25 2018UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that execution of the sentence of death is hereby stayed pending further order of Justice Thomas or of the Court.
Jan 25 2018Application (17A770) referred to the Court.
Jan 25 2018Application (17A770) granted by the Court. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court. Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application.
Feb 01 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Mar 15 2018Joint motion for an extension of time file the briefs on the merits.
Mar 27 2018Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 22, 2018. The time to file respondent's brief on the merits is extended to and including July 31, 2018.
May 10 2018Motion to dispense with printing the joint appendix filed by petitioner Vernon Madison.
May 18 2018Blanket Consent filed by Respondent, Alabama
May 21 2018Blanket Consent filed by Petitioner, Vernon Madison
May 22 2018Brief of petitioner Vernon Madison filed.
May 29 2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 29 2018Brief amici curiae of American Psychological Association and American Psychiatric Association filed.
Jul 09 2018SET FOR ARGUMENT On Tuesday, October 2, 2018
Jul 31 2018Brief of respondent State of Alabama filed.
Aug 03 2018CIRCULATED
Aug 07 2018Record requested from the Circuit Court of Alabama, Mobile County.
Aug 07 2018Brief amici curiae of States of Texas, et al. filed. (Distributed)
Aug 07 2018Brief amicus curiae of National Association of Police Organizations filed. (Distributed)
Aug 14 2018Record received from the Court of Criminal Appeals State of Alabama. The record is electronic.
Aug 16 2018Record received from the Circuit Court of Alabama, Mobile County. The record is electronic.
Aug 17 2018Record received from the Circuit Court of Alabama, Mobile County. 1 envelope.
Aug 24 2018Record received from the Circuit Court of Mobile Alabama (additional material).
Aug 30 2018Reply of petitioner Vernon Madison filed. (Distributed)
Oct 02 2018Argued. For petitioner: Bryan A. Stevenson, Montgomery, Ala. For respondent: Thomas R. Govan, Jr., Alabama Deputy Attorney General, Montgomery, Ala.
Dec 18 2018Record received from the Mobile County Circuit Criminal, one box of exhibits.
Feb 27 2019Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. Kavanaugh, J., took no part in the consideration or decision of the case.
Apr 01 2019MANDATE ISSUED.
Apr 01 2019JUDGMENT ISSUED.
 
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