Kaushal v. Indiana ( 2018 )

Cite as: 585 U. S. ____ (2018) 1
ALITO, J., dissenting
SUPREME COURT OF THE UNITED STATES
UMESH KAUSHAL v. INDIANA
ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF
APPEALS OF INDIANA, FOURTH DISTRICT
No. 17–1356. Decided June 28, 2018
The petition for a writ of certiorari is granted. The
judgment is vacated, and the case is remanded to the
Court of Appeals of Indiana, Fourth District, for further
consideration in light of Jae Lee v. United States, 582 U. S.
___ (2017).
JUSTICE ALITO, with whom JUSTICE THOMAS joins,
dissenting.
The Court grants, vacates, and remands this case in
light of Jae Lee v. United States, 582 U. S. ___ (2017). But
Lee was handed down on June 23, 2017—almost a month
before the Indiana Court of Appeals issued its decision in
this case. Moreover, petitioner admits that he cited and
advanced arguments based on Lee in both his petition for
rehearing before the Indiana Court of Appeals and his
petition for transfer to the Indiana Supreme Court. Reply
Brief 3. I would accordingly deny the petition for the
reasons stated in Justice Scalia’s dissenting opinion in
Webster v. Cooper, 558 U. S. 1039, 1040 (2009).