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Johnson v. Precythe

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-287 8th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether Bucklew v. Precythe established a categorical rule that a state may obtain dismissal of an Eighth Amendment method-of-execution claim by proffering a reason for rejecting the plaintiff’s opposed alternative method of execution that is legitimate in the abstract, regardless of whether the plaintiff has plausibly alleged that the state’s proffered reason is not legitimate or sufficient on the facts of the case; and (2) whether, in the alternative, the U.S. Court of Appeals for the 8th Circuit’s refusal to permit Ernest Johnson, after the Supreme Court’s decision in Bucklew was issued, to amend his complaint to propose a previously-used alternative method of execution warrants summary reversal.

DateProceedings and Orders (key to color coding)
Aug 28 2020Petition for a writ of certiorari filed. (Response due October 5, 2020)
Oct 01 2020Motion to extend the time to file a response from October 5, 2020 to November 4, 2020, submitted to The Clerk.
Oct 02 2020Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2020.
Nov 04 2020Brief of respondents Anne Precythe, et al. in opposition filed.
Nov 23 2020Reply of petitioner Ernest Johnson filed. (Distributed)
Nov 24 2020DISTRIBUTED for Conference of 12/11/2020.
Dec 08 2020Rescheduled.
Jan 04 2021DISTRIBUTED for Conference of 1/8/2021.
Jan 11 2021DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021DISTRIBUTED for Conference of 2/26/2021.
Mar 01 2021DISTRIBUTED for Conference of 3/5/2021.
Mar 15 2021DISTRIBUTED for Conference of 3/19/2021.
Mar 22 2021DISTRIBUTED for Conference of 3/26/2021.
Mar 29 2021The parties are directed to file supplemental letter briefs addressing the following question: Given that the District Court dismissed without prejudice, would petitioner be barred from filing a new complaint that proposes the firing squad as the alternative method of execution? The petitioner’s brief, not to exceed 5 pages, is to be filed with the Clerk and served upon opposing counsel on or before Monday, April 12, 2021. The respondents’ brief, not to exceed 5 pages, is to be filed with the Clerk and served upon opposing counsel on or before Monday, April 26, 2021.
Apr 12 2021Supplemental Letter of petitioner Ernest Johnson filed.