Johnson v. Alabama

Supreme Court

Johnson v. Alabama

137 S. Ct. 2292, 198 L. Ed. 2d 720, 85 U.S.L.W. 3600, 2017 WL 554202, 2017 U.S. LEXIS 4261

CourtSupreme Court of the United States

DecidedJune 26, 2017

DocketNo. 16–7835.

StatusPublished

Cited by2 cases

This text of 137 S. Ct. 2292 (Johnson v. Alabama) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Alabama, 137 S. Ct. 2292, 198 L. Ed. 2d 720, 85 U.S.L.W. 3600, 2017 WL 554202, 2017 U.S. LEXIS 4261 (U.S. 2017).

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Opinion

On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Court of Criminal Appeals of Alabama 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 *2293the 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 judgments based on positions of the parties, see Hicks v. United States, 582 U.S. ----, 137 S.Ct. 2000, --- L.Ed.2d ---- (2017), the Court's decision to vacate this state court judgment is truly extraordinary. I respectfully dissent.

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On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Court of Criminal Appeals of Alabama 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 *2293the 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 judgments based on positions of the parties, see Hicks v. United States, 582 U.S. ----, 137 S.Ct. 2000, --- L.Ed.2d ---- (2017), the Court's decision to vacate this state court judgment is truly extraordinary. I respectfully dissent.

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Bluebook (online)

137 S. Ct. 2292, 198 L. Ed. 2d 720, 85 U.S.L.W. 3600, 2017 WL 554202, 2017 U.S. LEXIS 4261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-alabama-scotus-2017.

Opinion

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