No. 25A457

Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-10-21
Status: Denied
Type: A
Tags: asphyxiation cruel-and-unusual eighth-amendment execution-method nitrogen-hypoxia preliminary-injunction
Latest Conference: N/A
Question Presented (from Petition)

When performing a comparative analysis to determine whether an alternative means of execution would significantly reduce a substantial risk of severe physical and psychological pain, should the comparison focus only on fear and anxiety experienced after the introduction of the fatal stimulus or also include the fear and anxiety leading up to the introduction of the fatal stimulus?

Does the State of Alabama's nitrogen hypoxia execution protocol, which causes a human to consciously experience symptoms of asphyxiation (air hunger, shortness of breath, aching lungs, elevated heart rate, blood pounding in the ears, the feeling of conscious suffocation or of being trapped deep underwater) for two to seven minutes, constitute cruel and unusual punishment in violation of the Eighth Amendment where a feasible and readily implemented alternative exists and where that alternative causes a rapid death in which the inmate feels an impact, shock, and numbness, but not pain?

Question Presented (AI Summary)

Whether the Eighth Amendment prohibits execution by nitrogen hypoxia that causes prolonged conscious suffering and asphyxiation when a less painful alternative method of execution exists

Docket Entries

2025-10-23
Application (25A457) referred to the Court.
2025-10-23
Application (25A457) for stay of execution of sentence of death presented to Justice Thomas any by him referred to the Court is denied. The petition for a writ of certiorari is denied. Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting from the denial of application for stay and denial of certiorari (Detached Opinion).
2025-10-23
Application (25A457) for stay of execution of sentence of death presented to Justice Thomas any by him referred to the Court is denied. The petition for a writ of certiorari is denied. Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting from the denial of application for stay and denial of certiorari (Detached Opinion).
2025-10-21
Application (25A457) for a stay of execution of sentence of death, submitted to Justice Thomas.

Attorneys

Anthony Boyd
Matthew C. MoschellaSherin and Lodgen, LLP, Petitioner