Decided

No. 16-7835

Toforest Onesha Johnson v. Alabama

from the Court of Criminal Appeals of Alabama

See other cases from Alabama.

Docket Entries

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the position asserted by the respondent in its brief filed on May 10, 2017. The CHIEF JUSTICE, with whom JUSTICE THOMAS, JUSTICE ALITO, and JUSTICE GORSUCH join, dissenting: The Court vacates the judgment below in light of the position asserted by the respondent in its brief. That position is that the Court should vacate a state court judgment for further consideration in light of Ex parte Beckworth, 190 So. 3d 571 (Ala. 2013). Beckworth is a state court decision that turns entirely on state procedural law. It was expressly called to the attention of the state courts, which declined to upset the decision below in light of it. Reply to Pet. for Cert. 2, n. 1. The question presented concerns state collateral review�purely a creature of state law that need not be provided at all. Whatever one�s view on the propriety of our practice of vacating j...

DISTRIBUTED for Conference of June 22, 2017.

DISTRIBUTED for Conference of June 15, 2017.

DISTRIBUTED for Conference of June 8, 2017.

Reply of petitioner Toforest Onesha Johnson filed.

Brief of respondent Alabama in opposition filed.

Order further extending time to file response to petition to and including May 10, 2017.

Brief amicus curiae of Death Row Exoneree 138 Anthony Graves filed.

Order extending time to file response to petition to and including April 10, 2017.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2017)

Parties

Toforest Onesha Johnson, Petitioner, represented by Patrick Mark Mulvaney

Alabama, Respondent, represented by Andrew L. Brasher

Alabama, Respondent, represented by Thomas R. Govan, Jr.

Amici Curiae

Death Row Exoneree 138 Anthony Graves, Amicus Curiae, represented by Brian R. Matsui

 
Last updated: June 27, 2017