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Docket for 15-6905
No. 15-6905
Title:
Michael Shawn Barnes, Petitioner
v.
Alabama
Docketed:November 13, 2015
Linked with 15A361
Lower Ct:Court of Criminal Appeals of Alabama
  Case Nos.:(CR-13-1568)
  Decision Date:January 30, 2015
  Rehearing Denied:April 17, 2015
Discretionary Court  
  Decision Date:July 10, 2015

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 9 2015 Application (15A361) to extend the time to file a petition for a writ of certiorari from October 8, 2015 to November 9, 2015, submitted to Justice Thomas.
Sep 21 2015 Application (15A361) granted by Justice Thomas extending the time to file until November 9, 2015.
Nov 9 2015 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2015)
Dec 11 2015 Brief of respondent Alabama in opposition filed.
Dec 31 2015 DISTRIBUTED for Conference of January 15, 2016.
Feb 8 2016 DISTRIBUTED for Conference of February 19, 2016.
Feb 29 2016 DISTRIBUTED for Conference of March 4, 2016.
Mar 8 2016 Record Requested .
Mar 14 2016 DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016 DISTRIBUTED for Conference of March 25, 2016.
Mar 21 2016 Record received from the Court of Criminal Appeals of Alabama. The record is electronic.
Mar 28 2016 DISTRIBUTED for Conference of April 1, 2016.
Apr 11 2016 DISTRIBUTED for Conference of April 15, 2016.
Apr 18 2016 DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016 DISTRIBUTED for Conference of April 29, 2016.
May 9 2016 DISTRIBUTED for Conference of May 12, 2016.
May 16 2016 DISTRIBUTED for Conference of May 19, 2016.
May 23 2016 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 relief (by, for example, entering into a plea agreement waiving any entitlement to relief), or whether petitioner�s sentence actually qualifies as a mandatory life without parole sentence. Justice Alito, with whom Justice Thomas joins, concurring in the decision to grant, vacate, and remand. I concur in the decision to grant, vacate, and remand. See Adams v. Alabama, 578 U.S. ____ (2016) (Alito, J., concurring). Justice Sotomayor, with whom Justice Ginsburg joins, concurring in the decision to grant, vacate, and remand. I concur in the decision to grant, vacate, and remand. See Adams v. Alabama, 578 U.S. ____ (2016) (Sotomayor, J., concurring).
Jun 24 2016 JUDGMENT ISSUED
Jun 24 2016 MANDATE ISSUED



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Alicia A. D'Addario Equal Justice Initiative(334) 269-1803
    Counsel of Record122 Commerce Street
Montgomery, AL  36104
adaddario@eji.org
Party name: Michael Shawn Barnes
Attorneys for Respondent:
Andrew L. Brasher Deputy Solicitor General(334) 353-2609
    Counsel of Record Office of Alabama Attorney General
501 Washington Avenue
Montgomery, AL  36130
abrasher@ago.state.al.us
Party name: Alabama

 

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