No. 19-7745
Willie B. Smith, III v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections
Relisted (3)IFP
Tags: batson-challenge collateral-review death-penalty death-penalty-law hall-v-florida intellectual-disability moore-v-texas peremptory-strikes prosecutor-conduct prosecutorial-discretion retroactive-application retroactivity substantive-rules
Key Terms:
DueProcess Punishment HabeasCorpus
DueProcess Punishment HabeasCorpus
Latest Conference:
2020-07-01
(distributed 3 times)
Question Presented (from Petition)
1. Whether Hall v. Florida , 134 S. Ct. 1986 (2014), and Moore v. Texas , 137 S. Ct. 1039 (2017), announced new substantive rules that apply retroactively to cases on collateral review.
2. Whether a court assessing a challenge to a prosecutor's use of peremptory strikes under Batson v. Kentucky , 476 U.S. 79 (1986), may reasonably rely on extra-record evidence about a prosecutor's character.
Question Presented (AI Summary)
Whether Hail v. Florida and Moore v. Texas apply retroactively to cases on collateral review
Docket Entries
2020-07-02
Petition DENIED.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-08
Rescheduled.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-05-26
Reply of petitioner Willie B. Smith, III filed. (Distributed)
2020-05-04
Motion to delay distribution of the petition for a writ certiorari until May 27, 2020, granted.
2020-05-01
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 13, 2020 to May 27, 2020, submitted to The Clerk.
2020-04-24
Brief of respondent State of Alabama in opposition filed.
2020-03-11
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2020.
2020-03-09
Motion to extend the time to file a response from March 25, 2020 to April 24, 2020, submitted to The Clerk.
2020-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)
2019-11-12
Application (19A513) granted by Justice Thomas extending the time to file until February 20, 2020.
2019-11-07
Application (19A513) to extend the time to file a petition for a writ of certiorari from December 22, 2019 to February 20, 2020, submitted to Justice Thomas.
Attorneys
State of Alabama
Henry Mitchell Johnson — Alabama Atty General, Respondent
Willie B. Smith, III
Steven Joseph Horowitz — Sidley Austin LLP, Petitioner