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Nance v. Ward

Docket No. Op. Below Argument Opinion Vote Author Term
21-439 11th Cir. Apr 25, 2022
TBD TBD TBD OT 2021

Issues: (1) Whether an inmate’s as-applied method-of-execution challenge must be raised in a habeas petition instead of through a 42 U.S.C. § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law; and (2) whether, if such a challenge must be raised in habeas, it constitutes a successive petition when the challenge would not have been ripe at the time of the inmate’s first habeas petition.

DateProceedings and Orders (key to color coding)
Sep 17 2021Petition for a writ of certiorari filed. (Response due October 22, 2021)
Sep 23 2021Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
Sep 24 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 22 2021Motion of Legal Scholars and Academics for leave to file amicus brief not accepted for filing. (October 25, 2021)
Oct 22 2021Motion for leave to file amici brief filed by Legal Scholars and Academics.
Nov 22 2021Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed.
Dec 07 2021Reply of petitioner Michael Nance filed. (Distributed)
Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED.
Jan 14 2022Petition GRANTED.
Feb 16 2022Motion to dispense with printing the joint appendix filed by petitioner Michael Nance.
Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 25 2022Brief of petitioner Michael Nance filed.
Mar 04 2022Brief amici curiae of Legal Scholars filed.
Mar 04 2022Brief amici curiae of American Civil Liberties Union, et al. filed.
Mar 04 2022Brief amicus curiae of United States filed.
Mar 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 15 2022ARGUMENT SET FOR Monday, April 25, 2022.
Mar 16 2022Record requested from the U.S.C.A. 11th Circuit.
Mar 17 2022The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed.
Mar 17 2022The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 23 2022CIRCULATED
Mar 28 2022Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed)
Mar 31 2022Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed)
Apr 04 2022Brief amici curiae of Texas, et al. filed. (Distributed)
Apr 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Apr 15 2022Reply of petitioner Michael Nance filed. (Distributed)
Apr 25 2022Argued. For petitioner: Matthew S. Hellman, Washington, D. C.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Stephen J. Petrany, Solicitor General, Atlanta, Ga.