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Editor's Note :

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Bucklew v. Precythe

Docket No. Op. Below Argument Opinion Vote Author Term
17-8151 8th Cir. TBD TBD TBD TBD OT 2018

Issues: (1) Whether a court evaluating an as-applied challenge to a state’s method of execution based on an inmate’s rare and severe medical condition should assume that medical personnel are competent to manage his condition and that procedure will go as intended; (2) whether evidence comparing a state’s method of execution with an alternative proposed by an inmate must be offered via a single witness, or whether a court at summary judgment must look to the record as a whole to determine whether a factfinder could conclude that the two methods significantly differ in the risks they pose to the inmate; (3) whether the Eighth Amendment requires an inmate to prove an adequate alternative method of execution when raising an as-applied challenge to the state’s proposed method of execution based on his rare and severe medical condition; and (4) whether petitioner Russell Bucklew met his burden under Glossip v. Gross to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the state’s method of execution.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 15 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2018)
Mar 15 2018Application (17A911) for a stay of execution of sentence of death, submitted to Justice Gorsuch.
Mar 16 2018Brief of respondents Anne Precythe, et al. in opposition filed.
Mar 19 2018Reply of petitioner Russell Bucklew filed.
Mar 20 2018Application (17A911) referred to the Court.
Mar 20 2018Application (17A911) granted by the Court. The application for stay of execution of sentence of death presented to Justice Gorsuch and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The Chief Justice, Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application for stay of execution.
Mar 22 2018DISTRIBUTED for Conference of 4/13/2018.
Apr 06 2018Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed)
Apr 16 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018DISTRIBUTED for Conference of 4/27/2018.
Apr 30 2018Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented in the petition, the parties are directed to brief and argue the following Question: Whether petitioner met his burden under Glossip v. Gross, 576 U. S. ____ (2015), to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the State's method of execution.
May 08 2018Motion for an extension of time filed.
May 16 2018Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including July 16, 2018.
 
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