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Russell Bucklew v. Anne L. Precythe, Director, Missouri Department of Corrections, et al.

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 17-3052 · judgment March 6, 2018

Decided · April 1, 2019

Questions presented

  1. Should a court evaluating an as-applied challenge to a state's method of execution based on an inmate's rare and severe medical condition assume that medical personnel are competent to manage his condition and that the procedure will go as intended? Must evidence comparing a state's proposed method of execution with an alternative proposed by an inmate be offered via a single witness, or should a court at summary judgment look to the record as a whole to determine whether a factfinder could conclude that the two methods significantly differ in the risks they pose to the inmate? Does the Eighth Amendment require an inmate to prove an adequate alternative method of execution when raising an as-applied challenge to the state's proposed method of execution based on his rare and severe medical condition?

  2. Added by the Court: Whether Petitioner met his burden under glossip v. gross, 576 u.s. ___ (2015), To prove what procedures would be used to administer his Proposed alternative method of execution, the severity and Duration of pain likely to be produced, and how they compare to The state’s method of execution. Cheryl a. pilate, esq., of kansas city, missouri, is appointed to Serve as counsel for the petitioner in this case.

Counsel of record

For petitioner
Robert N. Hochman
Sidley Austin, LLP

For respondent
D. John Sauer
James Otis Law Group, LLC

Case

Conference history
Distributed for 5 conferences

Amicus briefs
1 cert-stage · 10 merits
(8 supporting pet./neither, 2 respondent)

Argument & decision

Argued November 6, 2018 — Robert Hochman · D. John Sauer. Audio and transcript

Decided April 1, 2019. Opinion by Gorsuch.

Proceedings

  1. Aug 05 2019
    the record from the U.S.C.A. 8th Circuit has been returned.
  2. May 03 2019
    JUDGMENT ISSUED.
  3. Apr 01 2019
    Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined as to all but Part III. Sotomayor, J., filed a dissenting opinion.
  4. Nov 19 2018
    Motion to appoint counsel filed by petitioner GRANTED, and Cheryl A. Pilate, Esquire, of Kansas City, Missouri, is appointed to serve as counsel for the petitioner in this case.
  5. Nov 06 2018
    Argued. For petitioner: Robert Hochman, Chicago, Ill. For respondents: D. John Sauer, State Solicitor, Jefferson City, Mo.
  6. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  7. Oct 19 2018
    Motion to appoint counsel filed by petitioner Russell Bucklew.
  8. Oct 01 2018
    Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record GRANTED.
  9. Sep 19 2018
    Record received from the U.S.C.A. 8th Circuit. The record is complete. (1 Box).
  10. Sep 14 2018
    Reply of petitioner Russell Bucklew filed. (Distributed)
  11. Sep 12 2018
    CIRCULATED
  12. Sep 10 2018
    Record requested from the U.S.C.A. 8th Circuit.
  13. Sep 10 2018
    Opposition of respondent to lodging proposal of petitioner filed. (Distributed)
  14. Sep 06 2018
    Lodging proposal of petitioner filed. (Distributed)
  15. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  16. Aug 22 2018
    Brief amici curiae of States of Texas, Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Tennessee, Utah, Wyoming filed. (Distributed)
  17. Aug 22 2018
    Brief amici curiae of Arizona Voice for Crime Victims, Inc., and Melissa Sanders filed. (Distributed)
  18. Aug 20 2018
    SET FOR ARGUMENT on Tuesday, November 6, 2018
  19. Aug 15 2018
    Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record filed by petitioner Russell Bucklew.
  20. Aug 15 2018
    Brief of respondent Anne Precythe, et al. filed.
  21. Jul 23 2018
    Brief amicus curiae of Pharmacy, Medicine, and Health Policy Experts filed.
  22. Jul 23 2018
    Brief amici curiae of Former Corrections Officials filed.
  23. Jul 23 2018
    Brief amicus curiae of Association for Accessible Medicines in support of neither party filed.
  24. Jul 23 2018
    Brief amici curiae of Scholars and Academics of Constitutional Law filed.
  25. Jul 23 2018
    Brief amicus curiae of Megan McCracken and Jennifer Moreno filed.
  26. Jul 23 2018
    Brief amicus curiae of Former Judges and Prosecutors filed.
  27. Jul 23 2018
    Brief amicus curiae of American Medical Association in support of neither party filed.
  28. Jul 20 2018
    Brief amici curiae of The American Civil Liberties Union, et al. filed.
  29. Jul 16 2018
    Brief of petitioner Russell Bucklew filed.
  30. Jul 16 2018
    Joint appendix (2 volumes) filed. (Statement of costs filed)
  31. Jul 16 2018
    Petitioner's Unopposed Motion to File Joint Appendix -- Volume III Under Seal of Russell Bucklew not accepted for filing. (Amended motion submitted.) (August 15, 2018)
  32. Jul 06 2018
    Blanket Consent filed by Respondent, Anne Precythe, et al.
  33. Jun 26 2018
    Blanket Consent filed by Petitioner, Russell Bucklew
  34. May 16 2018
    Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including July 16, 2018.
  35. May 08 2018
    Motion for an extension of time filed.
  36. Apr 30 2018
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented in the petition, the parties are directed to brief and argue the following Question: Whether petitioner met his burden under Glossip v. Gross, 576 U. S. ____ (2015), to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the State's method of execution.
  37. Apr 23 2018
    DISTRIBUTED for Conference of 4/27/2018.
  38. Apr 16 2018
    DISTRIBUTED for Conference of 4/20/2018.
  39. Apr 06 2018
    Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed)
  40. Mar 22 2018
    DISTRIBUTED for Conference of 4/13/2018.
  41. Mar 20 2018
    Application (17A911) referred to the Court.
  42. Mar 20 2018
    Application (17A911) granted by the Court. The application for stay of execution of sentence of death presented to Justice Gorsuch and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The Chief Justice, Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application for stay of execution.
  43. Mar 19 2018
    Reply of petitioner Russell Bucklew filed.
  44. Mar 16 2018
    Brief of respondents Anne Precythe, et al. in opposition filed.
  45. Mar 15 2018
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2018)
  46. Mar 15 2018
    Application (17A911) for a stay of execution of sentence of death, submitted to Justice Gorsuch.
    Main Document