Supreme Court Report

Supreme Court of the United States · Official docket →

Anthony Boyd v. Jefferson Dunn, Commissioner, Alabama Department of Corrections, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 15-14971 · judgment May 9, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below, and down for a state or local-government respondent.

Questions presented

(CAPITAL CASE)

  1. Do the Eleventh Circuit and the District Court’s decisions conflict with Supreme Court precedent set forth in Baze v. Rees, 553 U.S. 35, 128 S. Ct. 1520 (2008) and Glossip v. Gross, 135 S. Ct. 2726, reh’g denied, 136 S. Ct. 20, 192 (2015)?

  2. Did the Eleventh Circuit and the District Court erroneously dismiss Mr. Boyd’s complaint by concluding that he did not satisfy the standard for alleging an alternative method of execution set forth in Glossip?

  3. Do the conclusions reached by the Eleventh Circuit, the District Court, and the majority in Arthur violate the Supremacy Clause?

  4. Did the Eleventh Circuit, the District Court, and the Arthur majority incorrectly determine that an inmate must establish both lethal injection and electrocution are per se unconstitutional?

  5. Did the District Court err by not granting Mr. Boyd leave to file an amended complaint?

Counsel of record

For petitioner
Matthew C. Moschella
Sherin and Lodgen, LLP

For respondent
Lauren Ashley Simpson
Office of the Attorney General State of Alabama

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED. Justice Sotomayor dissenting from the denial of certiorari: I dissent from the denial of certiorari for the reasons set out in Arthur v. Dunn, 580 U.S. ___ (2017) (Sotomayor, J., dissenting from denial of certiorari).
  2. Feb 21 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 07 2018
    Brief of respondents Jefferson Dunn, Commissioner, Alabama Department of Corrections, et al. in opposition filed.
  4. Oct 19 2017
    Petition for a writ of certiorari filed. (Response due February 7, 2018)