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White v. Kentucky

Petition granted, judgment vacated and case remanded in light of Moore v. Texas on January 15, 2019.
Docket No. Op. Below Argument Opinion Vote Author Term
17-9467 Ky. N/A N/A N/A N/A OT 2018

Issues: (1) Whether the Kentucky Supreme Court violated the Eighth Amendment, as interpreted in Hall v. Florida and Moore v. Texas, when it denied the petitioner the opportunity to present evidence supporting the “conjunctive and interrelated” assessment for intellectual and adaptive functioning, ignoring an IQ score of 73 presented to the trial court, ignoring a possible Flynn effect and refusing to look past White’s other IQ score of 76 adjusted for standard error of measurement; and (2) whether it violates the Fourth Amendment when officers abandon their duty to address a traffic violation which justified a pretextual stop in order to investigate a passenger.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 18 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2018)
Jul 20 2018Motion to extend the time to file a response from July 23, 2018 to August 23, 2018, submitted to The Clerk.
Jul 27 2018Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2018.
Aug 23 2018Brief of respondent Commonwealth of Kentucky in opposition filed.
Sep 06 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 18 2018Record Requested.
Oct 04 2018Record received from the Supreme Court of Kentucky (1 box).
Oct 22 2018Reply to Brief in Opposition filed.
Nov 06 2018Record received from the Jefferson County Circuit Court (1 box).
Nov 08 2018DISTRIBUTED for Conference of 11/30/2018.
Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Moore v. Texas, 581 U. S. ___ (2017). Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissents. (Detached opinion).