Foster v. Chatman
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-8349 | Ga. | Nov 2, 2015 | May 23, 2016 | 7-1 | Roberts | OT 2015 |
Holding: (1) This Court has jurisdiction to review the judgment of the Georgia Supreme Court denying Timothy Foster a certificate of probable cause on his claim, under Batson v. Kentucky, that the state's use of peremptory challenges to strike all four black prospective jurors qualified to serve on the jury for his capital murder trial was racially motivated; and (2) the decision of the Georgia Supreme Court that Foster failed to show purposeful discrimination was clearly erroneous.
Judgment: Reversed and remanded, 7-1, in an opinion by Chief Justice Roberts on May 23, 2016. Justice Alito filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Telltale files on race-based jury selection (Lyle Denniston, May 23, 2016)
- Argument analysis: To decide, or not -- that is the question (Lyle Denniston, November 2, 2015)
- Argument preview: Race and the make-up of juries (Lyle Denniston, October 30, 2015)
- As the 2015 Term opens: The Court’s unusual Eighth Amendment focus (Rory Little, September 21, 2015)
- Criminal law grants for the October Term 2015 (Rory Little, July 23, 2015)
- Major test on voter equality set for review (Lyle Denniston, May 26, 2015)
| Date | Proceedings and Orders |
|---|---|
| Jan 30 2015 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2015) |
| Mar 9 2015 | Brief of respondent Bruce Chatman, Warden in opposition filed. |
| Mar 24 2015 | Reply of petitioner Timothy Tyrone Foster filed. (Distributed) |
| Mar 26 2015 | DISTRIBUTED for Conference of April 17, 2015. |
| Apr 17 2015 | Record Requested . |
| Apr 20 2015 | DISTRIBUTED for Conference of April 24, 2015. |
| Apr 22 2015 | Record received from Superior Court of Georgia, Butts County (6 boxes). |
| Apr 27 2015 | DISTRIBUTED for Conference of May 1, 2015. |
| May 4 2015 | DISTRIBUTED for Conference of May 14, 2015. |
| May 6 2015 | Record received from the Supreme Court of Georgia. The record is electronic. |
| May 18 2015 | DISTRIBUTED for Conference of May 21, 2015. |
| May 26 2015 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Jun 9 2015 | Motion to appoint counsel filed by petitioner Timothy Tyrone Foster. |
| Jun 15 2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 24, 2015. |
| Jun 15 2015 | The time to file respondent's brief on the merits is extended to and including September 8, 2015. |
| Jun 17 2015 | Motion DISTRIBUTED for Conference of September 28, 2015. |
| Jul 24 2015 | Joint appendix filed (2 Volumes). (Statement of costs filed) |
| Jul 24 2015 | Brief of petitioner Timothy Tyrone Foster filed. |
| Jul 31 2015 | Brief amici curiae of Joseph diGenova, et al. filed. |
| Sep 8 2015 | Brief of respondent Bruce Chatman, Warden filed. |
| Sep 9 2015 | SET FOR ARGUMENT on Monday, November 2, 2015 |
| Sep 21 2015 | CIRCULATED |
| Oct 5 2015 | Motion to appoint counsel filed by petitioner GRANTED. and Stephen B. Bright, Esquire, of Atlanta, Georgia, is appointed to serve as counsel for the petitioner in this case. |
| Oct 6 2015 | Reply of petitioner Timothy Tyrone Foster filed. (Distributed) |
| Oct 30 2015 | Letter from Clerk of Court advising that counsel should be prepared to discuss at oral argument whether certiorari in this case should be directed to the Supreme Court of Georgia or the Superior Court of Butts County, Georgia, and what significance, if any, that determination may have on the Courts resolution of the case. |
| Nov 2 2015 | Argued. For petitioner: Stephen B. Bright, Atlanta, Ga. (Appointed by this Court.) For respondent: Beth A. Burton, Deputy Attorney General, Atlanta, Ga. |
| May 23 2016 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. |
| May 23 2016 | MANDATE ISSUED. |
| Jun 24 2016 | JUDGMENT ISSUED |
| Jun 24 2016 | MANDATE ISSUED |
| Mar 15 2017 | The record from Butts County Superior Court has been returned. |
