White v. Kentucky

Cite as: 586 U. S. ____ (2019) 1
ALITO, J., dissenting
SUPREME COURT OF THE UNITED STATES
LARRY LAMONT WHITE v. KENTUCKY
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME
COURT OF KENTUCKY
No. 17–9467. Decided January 14, 2019
The motion of petitioner for leave to proceed in forma
pauperis and the petition for a writ of certiorari are
granted. The judgment is vacated, and the case is re-
manded to the Supreme Court of Kentucky for further
consideration in light of Moore v. Texas, 581 U. S. ___
(2017).
JUSTICE ALITO, with whom JUSTICE THOMAS and
JUSTICE GORSUCH join, dissenting.
The Court grants, vacates, and remands this case in
light of Moore v. Texas, 581 U. S. ___ (2017). But Moore
was handed down on March 28, 2017—almost five months
before the Supreme Court of Kentucky reached a decision
in this case. I would accordingly deny the petition for the
reasons previously stated in my dissent in Kaushal v.
Indiana, 585 U. S. ___, ___ (2018), and in Justice Scalia’s
dissenting opinion in Webster v. Cooper, 558 U.S. 1039,
1040 (2009).