Skip to main content

Arthur v. Dunn

Certiorari Denied

Petition for certiorari denied on February 21, 1917.

Docket No.16-602
Op. Below11th Cir.

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 "precise procedures, amounts, times and frequencies of implementation"; 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.

Proceedings & orders timeline

Nov 3, 2016
Petition for a writ of certiorari filed. (Response due December 5, 2016)
Nov 3, 2016
Application (16A451) for a stay of execution of sentence of death, submitted to Justice Thomas.
Nov 3, 2016
Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
Nov 3, 2016
Motion for leave to file amici brief filed by Certain Medical Professionals and Medical Ethicists.
Nov 3, 2016
Brief of respondent Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. in opposition filed.
Nov 3, 2016
Reply of petitioner Thomas D. Arthur filed.
Nov 3, 2016
UPON 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, 2016
Application (16A451) referred to the Court.
Nov 3, 2016
Application (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 Court
Nov 7, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 8, 2016
Rescheduled.
Nov 15, 2016
DISTRIBUTED for Conference of December 2, 2016.
Nov 23, 2016
Rescheduled.
Dec 5, 2016
DISTRIBUTED for Conference of December 9, 2016.
Dec 27, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017
DISTRIBUTED for Conference of January 13, 2017.
Jan 17, 2017
DISTRIBUTED for Conference of January 19, 2017.
Feb 6, 2017
DISTRIBUTED for Conference of February 17, 2017.
Feb 21, 2017
Motion for leave to file amicus brief filed by Certain Medical Professionals and Medical Ethicists GRANTED.
Feb 21, 2017
Petition DENIED. Justice Sotomayor with whom Justice Breyer joins, dissenting from the denial of certiorari. (Detached Opinion)
Mar 20, 2017
Petition for Rehearing filed.
Apr 5, 2017
DISTRIBUTED for Conference of April 21, 2017.
Apr 7, 2017
Supplemental brief to petition for rehearing filed. (Distributed)
Apr 17, 2017
Second supplemental brief of petitioner Thomas D. Arthur filed. (Distributed)
Apr 18, 2017
Third supplemental brief of petitioner Thomas D. Arthur filed. (Distributed)
Apr 24, 2017
Rehearing DENIED Justice Sotomayor would grant the petition for rehearing.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.