No. 22-7398
Michael A. Tisius v. David Vandergriff, Warden
IFP
Tags: 18-usc-3599 appellate-jurisdiction ayestas-v-davis clemency-case collateral-order-doctrine eighth-circuit harbison-v-bell mcfarland medical-testing statutory-construction statutory-interpretation
Latest Conference:
N/A
Question Presented (from Petition)
1. Whether extending the narrowly construed collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp. 337 U.S. 541 (1949), to all district court transportation orders is justified?
2. Whether courts are required to construe 18 U.S.C. § 3599 in a manner consistent with this Court's pronouncements in Ayestas and McFarland?
3. Whether a federal circuit court of appeals has the authority to implicitly amend 18 U.S.C. § 3599 by failing to give effect to every clause or word of the statute?
Question Presented (AI Summary)
Whether the district court had jurisdiction to order transportation for medical testing in a clemency case
Docket Entries
2023-06-05
Petition DENIED.
2023-06-05
Application (22A1011) referred to the Court.
2023-06-05
Application (22A1011) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-06-02
Reply of petitioner Michael Tisius filed.
2023-05-30
Brief of respondent David Vandergriff in opposition filed.
2023-05-22
Application (22A1011) for a stay of execution of sentence of death, submitted to Justice Kavanaugh.
2023-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023)
Attorneys
David Vandergriff
Andrew Jacob Crane — Missouri Attorney General's Office, Respondent
Michael Tisius
Laurence Edward Komp — Petitioner