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Arthur v. Dunn

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Petition for certiorari denied on February 21, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-602 11th Cir. N/A N/A N/A N/A OT 16

Issue: (1) Whether, to satisfy his Glossip v. Gross burden, a condemned prisoner is limited to selecting an alternative method of execution from those already permitted by state statute; (2) whether Glossip requires a prisoner proposing an alternative lethal injection drug to provide a specific willing supplier for the alternative drug; (3) whether, to meet his Glossip burden, a condemned prisoner is required to provide, through a medical expert, a detailed protocol for an alternative method of execution including ā€œprecise procedures, amounts, times and frequencies of implementationā€; and (4) whether it is a violation of the 14th Amendment guarantee of equal protection for a state to deviate arbitrarily from its voluntarily adopted execution safeguards.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 3 2016Petition for a writ of certiorari filed. (Response due December 5, 2016)
Nov 3 2016Application (16A451) for a stay of execution of sentence of death, submitted to Justice Thomas.
Nov 3 2016Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
Nov 3 2016Motion for leave to file amici brief filed by Certain Medical Professionals and Medical Ethicists.
Nov 3 2016Brief of respondent Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. in opposition filed.
Nov 3 2016Reply of petitioner Thomas D. Arthur filed.
Nov 3 2016UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that execution of the sentence of death is hereby stayed pending further order of Justice Thomas or of the Court.
Nov 3 2016Application (16A451) referred to the Court.
Nov 3 2016Application (16A451) granted by the Court. The application for stay of execution of sentence of death presented to Justice Thomas 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. Statement of The Chief Justice respecting the grant of the application for stay. I do not believe that this application meets our ordinary criteria for a stay. This case does not merit the CourtĀ’s review: the claims set out in the application are purely fact-specific, dependent on contested interpretations of state law, insulated from our review by alternative holdings below, or some combination of the three. Four Justices have, however, voted to grant a stay. To afford them the opportunity to more fully consider the suitability of this case for review, including these circumstances, I vote to grant the stay as a courtesy. Justice Thomas and Justice Alito would deny the application.
Nov 7 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 8 2016Rescheduled.
Nov 15 2016DISTRIBUTED for Conference of December 2, 2016.
Nov 23 2016Rescheduled.
Dec 5 2016DISTRIBUTED for Conference of December 9, 2016.
Dec 27 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017DISTRIBUTED for Conference of January 19, 2017.
Feb 6 2017DISTRIBUTED for Conference of February 17, 2017.
Feb 21 2017Motion for leave to file amicus brief filed by Certain Medical Professionals and Medical Ethicists GRANTED.
Feb 21 2017Petition DENIED. Justice Sotomayor with whom Justice Breyer joins, dissenting from the denial of certiorari. (Detached Opinion)
Mar 20 2017Petition for Rehearing filed.
Apr 5 2017DISTRIBUTED for Conference of April 21, 2017.
Apr 7 2017Supplemental brief to petition for rehearing filed. (Distributed)
Apr 17 2017Second supplemental brief of petitioner Thomas D. Arthur filed. (Distributed)
Apr 18 2017Third supplemental brief of petitioner Thomas D. Arthur filed. (Distributed)
Apr 24 2017Rehearing DENIED Justice Sotomayor would grant the petition for rehearing.