No. 23-5890

Jerry Smith v. Alabama

Lower Court: Alabama
Docketed: 2023-10-26
Status: Denied
Type: IFP
IFP
Tags: ake-v-oklahoma capital-punishment capital-trials due-process fourteenth-amendment indigent-defendants indigent-defense jury-selection mitigation-experts racial-discrimination
Key Terms:
DueProcess
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether Ake v. Oklahoma and the Fourteenth Amendment's due process guarantee require courts to provide funds for prison mitigation experts to indigent defendants in capital trials

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether Ake v. Oklahoma, 470 U.S. 68 (1985), and the Fourteenth Amendment’s due process guarantee of fundamental fairness require courts to provide funds for prison mitigation experts to indigent defendants in capital trials? Whether a prima facie case of racial discrimination is established under Batson v. Kentucky, 476 U.S. 79 (1986), where a District Attorney targets African-American jurors with questions during jury selection and treats AfricanAmerican and white jurors differently in its use of peremptory strikes? i

Docket Entries

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2023-12-27
Brief of respondent Alabama in opposition filed.
2023-11-14
Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2023.
2023-11-13
Motion to extend the time to file a response from November 27, 2023 to December 27, 2023, submitted to The Clerk.
2023-10-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2023)
2023-09-12
Application (23A233) granted by Justice Thomas extending the time to file until October 23, 2023.
2023-09-07
Application (23A233) to extend the time to file a petition for a writ of certiorari from September 21, 2023 to October 23, 2023, submitted to Justice Thomas.

Attorneys

Jerry Jerome Smith
Randall Scott SusskindEqual Justice Initiative - AL, Petitioner
Randall Scott SusskindEqual Justice Initiative - AL, Petitioner
State of Alabama
Henry Mitchell JohnsonAlabama Atty General, Respondent
Henry Mitchell JohnsonAlabama Atty General, Respondent