Skip to main content

White v. Kentucky

Petition granted, judgment vacated and case remanded in light of Moore v. Texas on January 15, 2019.

Docket No.17-9467
Op. BelowKy.

Issue

(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.

Proceedings & orders timeline

Jun 18, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2018)
Jul 20, 2018
Motion to extend the time to file a response from July 23, 2018 to August 23, 2018, submitted to The Clerk.
Jul 27, 2018
Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2018.
Aug 23, 2018
Brief of respondent Commonwealth of Kentucky in opposition filed.
Sep 6, 2018
DISTRIBUTED for Conference of 9/24/2018.
Sep 18, 2018
Record Requested.
Oct 4, 2018
Record received from the Supreme Court of Kentucky (1 box).
Oct 22, 2018
Reply to Brief in Opposition filed.
Nov 6, 2018
Record received from the Jefferson County Circuit Court (1 box).
Nov 8, 2018
DISTRIBUTED for Conference of 11/30/2018.
Dec 3, 2018
DISTRIBUTED for Conference of 12/7/2018.
Dec 20, 2018
DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019
DISTRIBUTED for Conference of 1/11/2019.
Jan 14, 2019
Motion 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).
Feb 15, 2019
JUDGMENT ISSUED.
Feb 15, 2019
MANDATE ISSUED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.