Decided

No. 15-6030

LaMonte Rydell Martin v. Michelle Smith, Warden

from the United States Court of Appeals for the Eighth Circuit

See other cases from the Eighth Circuit.

Docket Entries

JUDGMENT ISSUED

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 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 ...

DISTRIBUTED for Conference of March 4, 2016.

DISTRIBUTED for Conference of February 19, 2016.

DISTRIBUTED for Conference of January 8, 2016.

Brief of respondent Michelle Smith, Warden in opposition filed.

Order extending time to file response to petition to and including December 7, 2015.

Response Requested . (Due November 4, 2015)

DISTRIBUTED for Conference of October 16, 2015.

Waiver of right of respondent Michelle Smith, Warden to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2015)

Application (15A114) granted by Justice Alito extending the time to file until September 8, 2015.

Application (15A114) to extend the time to file a petition for a writ of certiorari from August 9, 2015 to October 8, 2015, submitted to Justice Alito.

Parties

LaMonte Rydell Martin, Petitioner, represented by Bryan A. Stevenson

Michelle Smith, Warden, Respondent, represented by Lee Willis Barry

Michelle Smith, Warden, Respondent, represented by Jean Burdorf

 
Last updated: April 18, 2017