from the United States Court of Appeals for the Fourth Circuit
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JUDGMENT ISSUED
Record from U.S.D.C. Eastern District of Virginia has been returned.
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Montgomery v. Louisiana, 577 U. S. ____ (2016). Justice Thomas, with whom Justice Alito joins, concurring in the decision to grant, vacate, and remand in this case: The Court has held the petition in this and many other cases pending the decision in Montgomery v. Louisiana, 577 U. S. ___ (2016). In holding this petition and now vacating and remanding the judgment below, the Court has not assessed whether petitioner�s asserted entitlement to retroactive relief �is properly presented in the case.� Id., at ___ (slip op., at 13). On remand, courts should understand that the Court�s disposition of this petition does not reflect any view regarding petitioner�s entitlement to relief. The Court�s disposition does not, for example, address whether an adequate and independent state ground bars relief, whether petitioner forfeited or waived any entitlement to relief (by, for example, entering into a plea agreement waivin...
Record received from the U.S.D.C. for the Eastern District of Virginia. The record is electronic and available on PACER. State court records received from Supreme Court of VA and Petersburg Circuit Court (2 boxes).
Record Requested .
Reply of petitioner Shermaine Ali Johnson filed.
Brief of respondent Carl Manis, Warden in opposition filed.
Order extending time to file response to petition to and including October 15, 2015.
Response Requested . (Due September 24, 2015)
Waiver of right of respondent Carl Manis, Warden to respond filed.
Petition for a writ of certiorari filed. (Response due July 30, 2015)
Shermaine Ali Johnson, Petitioner, represented by Charles Roe Mills
Carl Manis, Warden, Respondent, represented by Alice T. Armstrong
Carl Manis, Warden, Respondent, represented by Stuart A. Raphael