JUDGMENT ISSUED

MANDATE 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.

Brief of respondent Alabama in opposition filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2016)

Application (15A431) granted by Justice Thomas extending the time to file until December 14, 2015.

Application (15A431) to extend the time to file a petition for a writ of certiorari from November 12, 2015 to December 14, 2015, submitted to Justice Thomas.

Mark Duke, Petitioner, represented by Alicia A. D'Addario

Alabama, Respondent, represented by Andrew L. Brasher