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United States v. Higgs

Petition for certiorari before judgment granted, December 29, 2020 order of the U.S. District Court for the District of Maryland reversed and case remanded to the U.S. Court of Appeals for the 4th Circuit with instructions to remand to the district court for the prompt designation of Indiana the alternate state whose law shall prescribe the manner of executing Dustin Higgs under 18 U. S. C. "3596(a), on January 15, 2021

Docket No.20-927
Op. Below4th Cir.
SCOTUS Page

Issue

Whether the Supreme Court should direct a federal district court in Maryland to designate Indiana as the alternate state whose law shall prescribe the manner of executing Dustin Higgs under 18 U.S.C. § 3596(a), and make clear that the execution may proceed as scheduled on Jan. 15, 2021.

Proceedings & orders timeline

Jan 11, 2021
Petition for a writ of certiorari before judgment filed. (Response due February 10, 2021)Jan 13, 2021
Brief of respondent Dustin John Higgs in opposition filed.Jan 14, 2021
Application (20A134) to vacate stay, submitted to The Chief Justice.Jan 14, 2021
Reply of petitioner United States filed.Jan 15, 2021
Response to application from respondent Dustin John Higgs filed.
Jan 15, 2021
Petition for a writ of certiorari before judgment GRANTED. The petition for writ of certiorari before judgment to the United States Court of Appeals for the Fourth Circuit is granted. The December 29, 2020 order of the United States District Court for the District of Maryland is reversed, and the case is remanded to the Court of Appeals with instructions to remand to the District Court for the prompt designation of Indiana under 18 U. S. C. §3596(a). The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted. The January 13, 2021 order of the Court of Appeals granting a stay is vacated. JUSTICE KAGAN would deny the petition for writ of certiorari before judgment and the application. Justice Breyer, dissenting. (Detached Opinion). JUSTICE SOTOMAYOR, dissenting. (Detached Opinion).
Jan 15, 2021
Application (20A134) referred to the Court.
Jan 15, 2021
Application (20A134) granted by the Court. The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted. The January 13, 2021 order of the Court of Appeals granting a stay is vacated.
Feb 16, 2021
JUDGMENT ISSUED.

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