No. 21-439
Michael Nance v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al.
Tags: alternative-execution civil-rights due-process habeas habeas-corpus lethal-injection method-of-execution ripeness section-1983 successive-petition
Latest Conference:
2022-01-14
(distributed 2 times)
Question Presented (from Petition)
1. Whether an inmate's as-applied method-of-execution challenge must be raised in a habeas petition instead of through a § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law.
2. Whether, if such a challenge must be raised in habeas, it constitutes a successive petition where the challenge would not have been ripe at the time of the inmate's first habeas petition.
Question Presented (AI Summary)
Whether an inmate's as-applied method-of-execution challenge must be raised in a habeas petition instead of through a § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law
Docket Entries
2022-07-25
JUDGMENT ISSUED
2022-06-23
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined.
2022-04-25
Argued. 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.
2022-04-15
Reply of petitioner Michael Nance filed. (Distributed)
2022-04-14
Motion 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.
2022-04-04
Brief amici curiae of Texas, et al. filed. (Distributed)
2022-03-31
Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed)
2022-03-28
Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed)
2022-03-23
CIRCULATED
2022-03-17
The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
2022-03-17
The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed.
2022-03-16
Record requested from the U.S.C.A. 11th Circuit.
2022-03-15
ARGUMENT SET FOR Monday, April 25, 2022.
2022-03-14
Motion 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.
2022-03-04
Brief amici curiae of American Civil Liberties Union, et al. filed.
2022-03-04
Brief amicus curiae of United States filed.
2022-03-04
Brief amici curiae of Legal Scholars filed.
2022-02-25
Brief of petitioner Michael Nance filed.
2022-02-22
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2022-02-16
Motion to dispense with printing the joint appendix filed by petitioner Michael Nance.
2022-01-14
Petition GRANTED.
2022-01-14
Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-12-07
Reply of petitioner Michael Nance filed. (Distributed)
2021-11-22
Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed.
2021-10-22
Motion for leave to file amici brief filed by Legal Scholars and Academics.
2021-09-24
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
2021-09-23
Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
2021-09-17
Petition for a writ of certiorari filed. (Response due October 22, 2021)
Attorneys
American Civil Liberties Union, et al.
Comm'r, Georgia Department of Corrections, et al.
Stephen John Petrany — Georgia Department of Law, Respondent
Clint Christopher Malcolm — Georgia Department of Law, Respondent
Jonathan F. Mitchell and Adam K. Mortara
Adam Karl Mortara — Amicus
Legal Scholars and Academics
Michael Nance
Matthew S. Hellman — Jenner & Block LLP, Petitioner
States of Texas, Alabama, Arkansas, Arizona, Florida, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Dakota and Utah
United States
Elizabeth B. Prelogar — Solicitor General, Amicus