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Johnson v. Kelley

Petition for certiorari denied on February 21, 0017

Docket No. Op. Below Argument Opinion Vote Author Term
16-6496 Ark. N/A N/A N/A N/A OT 16

Issue: (1) Whether, in a means-of-execution suit, known and available alternatives are limited to those already provided in a statute an inmate is challenging; (2) whether an inmate pleads a known and available alternative by identifying an execution method " firing squad " that other states have used and that the state has admitted it can carry out; and (3) whether an inmate pleads a known and available alternative by identifying a lethal-injection drug and identifying vendors who currently sell it.

DateProceedings and Orders (key to color coding)
10/05/2016Application (16A336) to extend the time to file a petition for a writ of certiorari from October 19, 2016 to November 18, 2016, submitted to Justice Alito.
10/06/2016Response in opposition to application from respondents Wendy Kelley, Director, Arkansas Department of Correction, et al. filed.
10/07/2016Application (16A336) denied by Justice Alito.
10/19/2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2016)
11/04/2016Brief of respondents Wendy Kelley, Director, Arkansas Department of Correction, et al. in opposition filed.
11/15/2016Reply of petitioners Stacey Johnson, et al. filed.
11/21/2016Brief amicus curiae of The Louis Stein Center for Law and Ethics at Fordham University School of Law filed. (Distributed)
11/22/2016DISTRIBUTED for Conference of December 9, 2016.
12/22/2016Supplemental brief of petitioners Stacey Johnson, et al. filed.
12/27/2016DISTRIBUTED for Conference of January 6, 2017.
01/09/2017DISTRIBUTED for Conference of January 13, 2017.
01/17/2017DISTRIBUTED for Conference of January 19, 2017.
02/06/2017DISTRIBUTED for Conference of February 17, 2017.
02/14/2017Second supplemental brief of petitioners Stacey Johnson, et al. filed. (Distributed)
02/14/2017Amendment to the Second supplemental brief of petitioners Stacey Johnson, et al. filed. (Distributed)
02/21/2017Petition DENIED Justice Sotomayor, with whom Justice Breyer joins, dissenting from the denial of certiorari: I dissent from the denial of certiorari for the reasons set out in Arthur v. Dunn, 580 U.S. ___ (2017) (Sotomayor, J., dissenting from denial of certiorari).
03/20/2017Petition for Rehearing filed.
03/22/2017DISTRIBUTED for Conference of April 13, 2017.
04/10/2017Supplemental brief to the petition for rehearing filed. (Distributed)
04/12/2017Rescheduled.
04/17/2017DISTRIBUTED for Conference of April 21, 2017.
04/17/2017Application (16A986) for a stay of execution of sentences of death, submitted to Justice Alito.
04/17/2017Response to application from respondent Wendy Kelley, Director, Arkansas Department of Correction, et al. filed.
04/18/2017Reply of applicant Stacey Johnson, et al. filed.
04/20/2017Application (16A986) referred to the Court.
04/20/2017Application (16A986) denied by the Court. Justice Breyer, Justice Sotomayor, and Justice Kagan would grant the application for stay of execution. Justice Breyer dissenting from the denial of the application for stay: I dissent from the denial of certiorari for the reasons set out in McGehee v. Hutchinson, 580 U.S. __ (2017).
04/24/2017Rehearing DENIED. Justice Sotomayor would grant the petition for rehearing.