Alabama v. Powell

Summary

The Court granted Powell leave to proceed in forma pauperis and denied Alabama's petition for certiorari without explaining its reasons or deciding the merits. Justice Alito, joined by Justice Thomas, dissented. He argued that the Alabama Court of Criminal Appeals' reversal of Powell's conviction conflicted with United States v. Robinson because the prosecutor's remarks referred to admitted evidence and responded to defense counsel's argument, rather than impermissibly commenting on Powell's failure to testify. He would grant certiorari and summarily reverse, or alternatively remand for clarification whether the state court's judgment rested on federal or state law.