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