No. 23-5145

James Edward Barber v. Kay Ivey, Governor of Alabama, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-07-20
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: constitutional-rights cruel-and-unusual-punishment eighth-amendment emotional-anguish execution execution-protocol lethal-injection medical-suffering physical-suffering
Latest Conference: N/A
Question Presented (from Petition)

1. Did the Eleventh Circuit correctly hold that no amount of physical suffering and emotional anguish imposed by allowing hours-long and countless attempts to establish IV access in a lethal injection execution, including the prospect of a failed execution, can ever violate the Eighth Amendment?

2. Is it sufficient under Baze for a State to respond to repeated and consistent failures to carry out executions without imposing needless physical suffering and mental anguish by merely substituting execution personnel without any different qualifications, and by extending the time allowed to attempt an execution?

Question Presented (AI Summary)

Did the Eleventh Circuit correctly hold that no amount of physical suffering and emotional anguish imposed by allowing hours-long and countless attempts to establish IV access in a lethal injection execution, including the prospect of a failed execution, can ever violate the Eighth Amendment?

Docket Entries

2023-07-21
Petition DENIED.
2023-07-21
Application (23A51) referred to the Court.
2023-07-21
Application (23A51) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied. Justice Sotomayor, Justice Kagan, and Justice Jackson dissent. (Detached Opinion)
2023-07-20
Application (23A51) for stay of execution of sentence of death, submitted to Justice Thomas.
2023-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2023-07-20
Brief of respondent Kay Ivey, Governor, et al in opposition filed.
2023-07-20
Reply of petitioner James Edward Barber filed.

Attorneys

James Edward Barber
Robert N. Hochman — Sidley Austin, LLP, Petitioner
Kay Ivey, Governor, et al
Richard Dearman Anderson — Office of the Attorney General, State of Alabama, Respondent