Patrick H. Murphy v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al.
1. When a death-sentenced inmate informs prison authorities a month in advance of his scheduled execution date of his desire to be accompanied during the execution by a religious figure of his faith, and prison authorities neither agree to the inmate's request nor inform him that his request will be denied, is that inmate equitably entitled to a stay of execution to prevent the state from depriving him of his religious liberty?
2. If a state allows a Christian chaplain to be present in the execution chamber for Christian (or other) inmates during their executions, does the Establishment Clause or the Free Exercise Clause or the RLUIPA require that prison authorities allow inmates of other faiths, including Buddhist inmates, to be accompanied by ministers of their respective faiths?
3. If a state implements a policy depriving all religious death row inmates of an opportunity to be accompanied during their executions by a religious figure of their respective faiths solely in an attempt to insulate from constitutional attack a policy denying inmates of only some particular faiths the opportunity for pastoral accompaniment during the execution, does the state's policy evince a hostility to religion forbidden by either the Free Exercise Clause or the Establishment Clause or RLUIPA?
When a death-sentenced inmate informs prison authorities a month in advance of his scheduled execution date of his desire to be accompanied during the execution by a religious figure of his faith, and prison authorities neither agree to the inmate's request nor inform him that his request will be denied, is that inmate equitably entitled to a stay of execution to prevent the state from depriving him of his religious liberty?