Johnson v. Precythe

Petition for certiorari denied on May 24, 2021

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-287	8th Cir.	N/A	N/A	N/A	N/A	OT 2020

Issue: (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.

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Date	Proceedings and Orders (key to color coding)
08/28/2020	Petition for a writ of certiorari filed. (Response due October 5, 2020)
10/01/2020	Motion to extend the time to file a response from October 5, 2020 to November 4, 2020, submitted to The Clerk.
10/02/2020	Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2020.
11/04/2020	Brief of respondents Anne Precythe, et al. in opposition filed.
11/23/2020	Reply of petitioner Ernest Johnson filed. (Distributed)
11/24/2020	DISTRIBUTED for Conference of 12/11/2020.
12/08/2020	Rescheduled.
01/04/2021	DISTRIBUTED for Conference of 1/8/2021.
01/11/2021	DISTRIBUTED for Conference of 1/15/2021.
01/19/2021	DISTRIBUTED for Conference of 1/22/2021.
02/12/2021	DISTRIBUTED for Conference of 2/19/2021.
02/22/2021	DISTRIBUTED for Conference of 2/26/2021.
03/01/2021	DISTRIBUTED for Conference of 3/5/2021.
03/15/2021	DISTRIBUTED for Conference of 3/19/2021.
03/22/2021	DISTRIBUTED for Conference of 3/26/2021.
03/29/2021	The 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.
04/12/2021	Supplemental Letter of petitioner Ernest Johnson filed.
04/26/2021	DISTRIBUTED for Conference of 4/30/2021.
04/26/2021	Supplemental brief of respondents Anne Precythe, et al. filed.
05/10/2021	DISTRIBUTED for Conference of 5/13/2021.
05/17/2021	DISTRIBUTED for Conference of 5/20/2021.
05/24/2021	Petition DENIED. Justice Breyer, dissenting from the denial of certiorari. (Detached Opinion) Justice Sotomayor, with whom Justice Breyer and Justice Kagan join, dissenting from the denial of certiorari. (Detached Opinion)