No. 19-7745

Willie B. Smith, III v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-02-24
Status: Denied
Type: IFP
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
Latest Conference: 2020-07-01 (distributed 3 times)
Question Presented (AI Summary)

Whether Hail v. Florida and Moore v. Texas apply retroactively to cases on collateral review

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Hail 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. (i)

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 JohnsonAlabama Atty General, Respondent
Henry Mitchell JohnsonAlabama Atty General, Respondent
Willie B. Smith, III
Steven Joseph HorowitzSidley Austin LLP, Petitioner
Steven Joseph HorowitzSidley Austin LLP, Petitioner