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Flowers v. Mississippi

Docket No.17-9572
Op. BelowMiss.
ArgumentMar 20, 2019

Holding

The trial court at Curtis Flowers' sixth murder trial committed clear error in concluding that the state's peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.

Judgment

Reversed and remanded, 7-2, in an opinion by Brett Kavanaugh on Jun 21, 2019. Justice Alito filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined as to Parts I, II, and III.

Proceedings & orders timeline

Apr 30, 2018
Application (17A1205) to extend the time to file a petition for a writ of certiorari from May 23, 2018 to July 7, 2018, submitted to Justice Alito.
May 2, 2018
Application (17A1205) granted by Justice Alito extending the time to file until June 22, 2018.
Jun 22, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)
Jul 17, 2018
Motion to extend the time to file a response from July 26, 2018 to August 27, 2018, submitted to The Clerk.
Jul 20, 2018
Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
Jul 26, 2018
Brief amici curiae of Magnolia Bar Association, Mississippi Center for Justice, and Innocence Project New Orleans filed.
Aug 20, 2018
Motion to extend the time to file a response from August 27, 2018 to September 26, 2018, submitted to The Clerk.
Aug 23, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including September 26, 2018.
Sep 27, 2018
Brief of respondent Mississippi in opposition filed.
Oct 9, 2018
Reply of petitioner Curtis Flowers filed. (Distributed)
Oct 11, 2018
DISTRIBUTED for Conference of 10/26/2018.
Oct 29, 2018
DISTRIBUTED for Conference of 11/2/2018.
Nov 2, 2018
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky, 476 U. S. 79 (1986), in this case.
Nov 20, 2018
Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Nov 27, 2018
Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including December 27, 2018.
Dec 27, 2018
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Dec 27, 2018
Joint appendix filed (2 Volumes). (Statement of costs filed)
Dec 27, 2018
Brief of petitioner Curtis Flowers filed.
Jan 3, 2019
Brief amici curiae of Former Justice Department Officials filed.
Jan 8, 2019
Motion of respondent for an extension of time filed.
Jan 15, 2019
Motion to extend the time to file respondent's brief on the merits is granted to and including February 7, 2019.
Jan 25, 2019
SET FOR ARGUMENT on Wednesday, March 20, 2019
Feb 7, 2019
Brief of respondent State of Mississippi filed.
Feb 14, 2019
CIRCULATED
Feb 26, 2019
Record received from the Supreme Court of Mississippi is electronic and complete.
Mar 7, 2019
Reply of petitioner Curtis Flowers filed. (Distributed)
Mar 20, 2019
Argued. For petitioner: Sheri Lynn Johnson, Ithaca, N. Y. For respondent: Jason Davis, Special Assistant Attorney General, Jackson, Miss.
Jun 21, 2019
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined as to Parts I, II, and III.
Jul 23, 2019
MANDATE ISSUED.
Jul 23, 2019
JUDGMENT ISSUED.
Nov 6, 2019
MANDATE ISSUED.

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