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Arthur v. Alabama

Petition for certiorari denied on January 23, 2017

Docket No. Argument Opinion Vote Author Term
16-595 N/A N/A N/A N/A OT 2016

Issue: (1) Whether Alabama's advisory-jury death-sentencing scheme, which is in all relevant aspects the same as the Florida scheme reviewed in Hurst v. Florida, violates the Sixth Amendment; (2) whether Hurst and the Sixth and Eighth Amendments require, at least, a unanimous jury recommendation for a sentence of death, as the Florida Supreme Court held on remand in Hurst; and (3) whether the Supreme Court's decision in Hurst applies retroactively to the petitioner's case, and the cases of other condemned inmates sentenced under unconstitutional capital sentencing laws, when the new rule announced in Hurst implicates the fundamental right to a fair trial and substantially enhances fact-finding procedures.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/03/2016Petition for a writ of certiorari filed. (Response due December 5, 2016)
11/03/2016Application (16A450) for a stay of execution of sentence of death, submitted to Justice Thomas.
11/03/2016Brief of respondent Alabama in opposition filed.
11/03/2016Response to application from respondent Alabama filed.
11/03/2016Reply of petitioner Thomas Douglas Arthur filed.
11/07/2016DISTRIBUTED for Conference of November 22, 2016.
11/08/2016Rescheduled.
11/15/2016DISTRIBUTED for Conference of December 2, 2016.
11/23/2016Rescheduled.
12/05/2016DISTRIBUTED for Conference of December 9, 2016.
12/27/2016DISTRIBUTED for Conference of January 6, 2017.
01/09/2017DISTRIBUTED for Conference of January 13, 2017.
01/17/2017DISTRIBUTED for Conference of January 19, 2017.
01/23/2017Petition DENIED.