Supreme Court of the United States · Official docket →
Alabama v. Brandon Dewayne Sykes
Paid petition · Court of Criminal Appeals of Alabama, No. CR-2022-0546 · judgment May 3, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Brandon Sykes was convicted of capital murder for killing Keshia Sykes, his ex-wife. Defense counsel pursued a residual-doubt strategy, arguing that the State had “no idea how anything happened” in Keshia’s house the day she died. In rebuttal, the prosecutor agreed that he could not “know exactly what happened,” for “only two people in the world [] know what happened in that house. One of them’s dead, and the other one is sitting right there at the end of that table.” “[B]ut,” he added, “we can look at the facts in evidence.” Sykes did not object. In context, the remark was “perfectly proper.” United States v. Robinson, 485 U.S. 25, 33 n.5 (1988). Numerous courts have allowed comments just like it. But the lower court ignored the context and held that any “direct comment” on the decision not to testify violates the right against self-incrimination under Griffin v. California, 380 U.S. 609 (1965). It added that any uncured Griffin error “must be reversed” (App.23a) despite this Court repeatedly rejecting “a per se rule” of “automatic reversal,” United States v. Hasting, 461 U.S. 499, 508 (1983) (applying Chapman v. California, 386 U.S. 18 (1967)). The Court should summarily reverse on this question presented:
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Whether courts must reverse for Griffin error without examining a prosecutor’s comment in context and without finding prejudice. Or the Court should grant the petition to decide:
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Whether Griffin should be overruled.
Counsel of record
For petitioner
Alexander Barrett Bowdre
Office of Alabama Attorney General
For respondent
Sofia Veronica McDonald
Equal Justice Initiative
Proceedings
- Jun 15 2026Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Jun 15 2026Petition DENIED. Justice Thomas and Justice Alito would grant the petition for certiorari and summarily reverse for the reasons stated in Alabama v. Powell, 608 U. S. ___ (2026) (Alito, J., dissenting from denial of certiorari).
- Jun 08 2026DISTRIBUTED for Conference of 6/11/2026.
- Jun 01 2026DISTRIBUTED for Conference of 6/4/2026.
- May 26 2026DISTRIBUTED for Conference of 5/28/2026.
- May 18 2026DISTRIBUTED for Conference of 5/21/2026.
- May 11 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 27 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 20 2026DISTRIBUTED for Conference of 4/24/2026.
- Apr 13 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 31 2026Rescheduled.
- Mar 30 2026DISTRIBUTED for Conference of 4/2/2026.
- Mar 25 2026Rescheduled.
- Mar 23 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 18 2026Rescheduled.
- Mar 04 2026DISTRIBUTED for Conference of 3/20/2026.
- Mar 04 2026Reply of petitioner Alabama filed. (Distributed)
- Feb 17 2026Motion for leave to proceed in forma pauperis filed by respondent Brandon Dewayne Sykes.
- Feb 17 2026Brief of respondent Brandon Dewayne Sykes in opposition filed.
- Jan 12 2026Petition for a writ of certiorari filed. (Response due February 17, 2026)
- Dec 03 2025Application (25A650) granted by Justice Thomas extending the time to file until January 12, 2026.
- Nov 28 2025Application (25A650) to extend the time to file a petition for a writ of certiorari from December 11, 2025 to February 9, 2026, submitted to Justice Thomas.