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Carl Wayne Buntion v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 20-70004 · judgment December 14, 2020
Question presented
If neither of the two purposes this Court has deemed to be a legitimate purpose for the death penalty—i.e., retribution and deterrence— would be served by carrying out the execution of a man who has spent thirty years under a sentence of death, would carrying out that execution violate the Eighth Amendment's prohibition against cruel and unusual punishments or amount to an unnecessary infliction of excessive punishment? Is the death penalty as applied in Texas inherently arbitrary and therefore a violation of the Eighth Amendment's prohibition against the infliction of cruel and unusual punishment?
Counsel of record
For petitioner
David R. Dow
For respondent
Cara Blossom Garcia Hanna
Office of the Attorney General of Texas
Case
Conference history
Distributed for 1 conference
Argument & decision
Decided October 4, 2021.
Proceedings
- Oct 04 2021Petition DENIED. Statement of Justice Breyer respecting the denial of certiorari. (Detached Opinion)
- Aug 05 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 03 2021Reply of petitioner Carl Wayne Buntion filed. (Distributed)
- Jul 16 2021Brief of respondent Bobby Lumpkin, Dir., TX DCJ in opposition filed.
- Jun 10 2021Motion to extend the time to file a response is granted and the time is extended to and including July 16, 2021.
- Jun 09 2021Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
- May 12 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)