No. 25-5926

Anthony Boyd v. Kay Ivey, Governor of Alabama

Lower Court: Eleventh Circuit
Docketed: 2025-10-21
Status: Denied
Type: IFP
IFP
Tags: capital-punishment constitutional-rights due-process judicial-procedure pro-se-representation separation-of-powers
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the Eleventh Circuit erred barring a condemned inmate from filing pro se while represented elsewhere in violation of the federal right of access to the courts, the Alabama Constitution's guarantee of appearance "by himself or counsel, or both," and the privileges and immunities of citizenship under the U.S. Constitution.

2. Whether a state's structural reassignment of judicial power to the executive, in violation of its own statutes, gives rise to a cognizable federal due process claim under § 1983.

3. Whether Alabama's 2023 execution Procedure—transferring from the courts to the Governor the exclusive authority to set execution dates—violates the Fourteenth Amendment's Due Process Clause by dismantling the State's judicial safeguard and creating an unconstitutional fusion of executive and judicial powers.

4. Whether Ex parte Young, 209 U.S. 123 (1908), permits prospective federal relief to prevent state officials from enforcing an unconstitutional execution procedure that exceeds their lawful authority.

5. Whether the Eleventh Circuit's summary denial of a stay of execution, relying solely on Barwick v. Secretary, Florida Department of Corrections, 84 F.4th 1230 (11th Cir. 2023), without analysis of the four Nken v. Holder, 556 U.S. 418 (2009), factors, conflicts with decisions of other circuits and this Court's precedents requiring a reasoned balancing of those factors before denying relief in capital cases.

Question Presented (AI Summary)

Whether the Eleventh Circuit's summary denial of a stay of execution conflicts with Supreme Court precedents requiring reasoned balancing of factors in capital cases

Docket Entries

2025-10-23
Application (25A451) referred to the Court.
2025-10-23
Application (25A451) 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.
2025-10-23
Petition DENIED.
2025-10-22
Reply of petitioner Anthony Boyd filed.
2025-10-21
Application (25A451) for a stay of execution of sentence of death, submitted to Justice Thomas.
2025-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2025-10-21
Brief in opposition (25-5926) and response to application (25A451) by respondent Kay Ivey, Governor of Alabama, filed.

Attorneys

Anthony Boyd
Anthony Boyd — Petitioner
Kay Ivey
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent