No. 22-6057

Tony Terrell Clark v. Mississippi

Lower Court: Mississippi
Docketed: 2022-11-15
Status: Denied
Type: IFP
Relisted (15)IFP
Tags: batson-v-kentucky civil-rights due-process flowers-v-mississippi jury-selection racial-discrimination
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2023-06-29 (distributed 15 times)
Question Presented (AI Summary)

Whether Mississippi continues to misapply Batson v. Kentucky

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether Mississippi continues in the present case to erroneously misapply Batson v. Kentucky by considering the prosecutor’s purported justifications for striking seven of the eight African American prospective jurors presented to it “in isolation,” rather than, as this Court directed it to do in Flowers v. Mississippi, --U.S. ---, ---, 139 S. Ct. 2228, 2250 (2019), considering those strikes “in the context of all the facts and circumstances” that this Court has recognized as relevant to that determination. I. Whether, by upholding these strikes in part on the basis of reasons not articulated by the prosecutor in the trial court the Mississippi Supreme Court has adopted from the Fifth Circuit an erroneous interpretation of Batson that conflicts with not only this Court’s clearly established precedent, but also with decisions of other federal circuit courts of appeal and other state courts of last resort. i

Docket Entries

2023-06-30
Petition DENIED. Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-6057_e1p3.pdf'>Opinion</a>)
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-20
DISTRIBUTED for Conference of 6/22/2023.
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2023-06-05
DISTRIBUTED for Conference of 6/8/2023.
2023-05-30
DISTRIBUTED for Conference of 6/1/2023.
2023-05-22
DISTRIBUTED for Conference of 5/25/2023.
2023-05-22
Rescheduled.
2023-05-15
Rescheduled.
2023-05-15
DISTRIBUTED for Conference of 5/18/2023.
2023-05-09
Rescheduled.
2023-05-08
DISTRIBUTED for Conference of 5/11/2023.
2023-04-25
Rescheduled.
2023-04-24
DISTRIBUTED for Conference of 4/28/2023.
2023-04-17
Rescheduled.
2023-04-17
DISTRIBUTED for Conference of 4/21/2023.
2023-04-10
Rescheduled.
2023-04-10
DISTRIBUTED for Conference of 4/14/2023.
2023-03-27
Rescheduled.
2023-03-27
DISTRIBUTED for Conference of 3/31/2023.
2023-03-20
Rescheduled.
2023-03-20
DISTRIBUTED for Conference of 3/24/2023.
2023-02-27
Rescheduled.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-17
Record received from the Supreme Court of Mississippi. The record is electronic.
2023-02-10
Record Requested.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-25
Reply of petitioner Tony Terrell Clark filed. (Feb 1, 2023)
2023-01-17
Brief of respondent Mississippi in opposition filed.
2022-11-22
Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.
2022-11-21
Motion to extend the time to file a response from December 15, 2022 to January 16, 2023, submitted to The Clerk.
2022-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2022)

Attorneys

Mississippi
LaDonna Curtis HollandMississippi Attorney General's Office, Respondent
LaDonna Curtis HollandMississippi Attorney General's Office, Respondent
Tony Terrell Clark
Alison SteinerOffice of the State Public Defender, Petitioner
Alison SteinerOffice of the State Public Defender, Petitioner