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Flowers v. Mississippi

Docket No. Argument Opinion Vote Author Term
17-9572 Mar 20, 2019 Jun 21, 2019 7-2 Kavanaugh OT 2018

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 Justice Kavanaugh on June 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/30/2018Application (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.
05/02/2018Application (17A1205) granted by Justice Alito extending the time to file until June 22, 2018.
06/22/2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)
07/17/2018Motion to extend the time to file a response from July 26, 2018 to August 27, 2018, submitted to The Clerk.
07/20/2018Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
07/26/2018Brief amici curiae of Magnolia Bar Association, Mississippi Center for Justice, and Innocence Project New Orleans filed.
08/20/2018Motion to extend the time to file a response from August 27, 2018 to September 26, 2018, submitted to The Clerk.
08/23/2018Motion to extend the time to file a response is granted and the time is further extended to and including September 26, 2018.
09/27/2018Brief of respondent Mississippi in opposition filed.
10/09/2018Reply of petitioner Curtis Flowers filed. (Distributed)
10/11/2018DISTRIBUTED for Conference of 10/26/2018.
10/29/2018DISTRIBUTED for Conference of 11/2/2018.
11/02/2018Motion 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.
11/20/2018Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
11/27/2018Motion 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.
12/27/2018Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
12/27/2018Joint appendix filed (2 Volumes). (Statement of costs filed)
12/27/2018Brief of petitioner Curtis Flowers filed.
01/03/2019Brief amici curiae of Former Justice Department Officials filed.
01/08/2019Motion of respondent for an extension of time filed.
01/15/2019Motion to extend the time to file respondent's brief on the merits is granted to and including February 7, 2019.
01/25/2019SET FOR ARGUMENT on Wednesday, March 20, 2019
02/07/2019Brief of respondent State of Mississippi filed.
02/14/2019CIRCULATED
02/26/2019Record received from the Supreme Court of Mississippi is electronic and complete.
03/07/2019Reply of petitioner Curtis Flowers filed. (Distributed)
03/20/2019Argued. For petitioner: Sheri Lynn Johnson, Ithaca, N. Y. For respondent: Jason Davis, Special Assistant Attorney General, Jackson, Miss.
06/21/2019Judgment 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.
07/23/2019MANDATE ISSUED.
07/23/2019JUDGMENT ISSUED.
11/06/2019MANDATE ISSUED.