Stuart v. Alabama

Petition for certiorari denied on November 19, 2018

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1676	Ala. Crim. App.	N/A	N/A	N/A	N/A	OT 2018

Issue: Whether the Alabama courts’ decision to permit the introduction of written “reports” to law enforcement, regarding blood alcohol tests, into evidence for the truth of the matters asserted therein — despite the lack of testimony from the person who performed the test and signed the report, or any witness who personally involved in the testing of the blood samples in question — is contrary to Bullcoming v. New Mexico.

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Quiet day for orders (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Jun 14 2018	Petition for a writ of certiorari filed. (Response due July 18, 2018)
Jul 02 2018	Motion to extend the time to file a response from July 18, 2018 to August 17, 2018, submitted to The Clerk.
Jul 10 2018	Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2018.
Aug 08 2018	Brief of respondent State of Alabama in opposition filed.
Aug 20 2018	Reply of petitioner Vanessa Stuart filed. (Distributed)
Aug 22 2018	DISTRIBUTED for Conference of 9/24/2018.
Sep 18 2018	Record Requested.
Sep 24 2018	Record received from the Court of Criminal Appeals of Alabama. The record is electronic.
Sep 26 2018	DISTRIBUTED for Conference of 10/12/2018.
Oct 10 2018	Rescheduled.
Oct 22 2018	DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018	DISTRIBUTED for Conference of 11/2/2018.
Nov 05 2018	DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018	DISTRIBUTED for Conference of 11/16/2018.
Nov 19 2018	Petition DENIED. Justice Gorsuch, with whom Justice Sotomayor joins, dissenting from the denial of certiorari. (Detached Opinion)

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
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  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.
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  (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.
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Cases argued	43
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Stuart v. Alabama

SCOTUSblog Coverage

Featured Posts

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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Conference of January 18, 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

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American Gavel Award

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