Supreme Court of the United States · Official docket →
Michael Nance v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-11393 · judgment December 2, 2020
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
In Bucklew v. Precythe, 139 S. Ct. 1112 (2019), "all nine Justices" agreed that a person challenging a State's method of execution could allege an alternative "not ... authorized under current state law" and that there was therefore "little likelihood that an inmate facing a serious risk of pain will be unable to identify an available alternative." Id. at 1136 (Kavanaugh, J., concurring). In the proceedings below, Petitioner filed a § 1983 suit bringing an as-applied challenge to Georgia's sole statutorily authorized method of execution, lethal injection. Petitioner alleged the use of a firing squad as an alternative method. A divided panel held that Petitioner's challenge could not be heard. The panel ruled that Petitioner must bring his challenge in habeas rather than via § 1983 because he had alleged an alternative method not currently authorized under Georgia law. It further held that Petitioner's claim would be an impermissible successive petition notwithstanding that the claim would not have been ripe at the time of Petitioner's first petition. The questions presented are:
-
Whether an inmate's as-applied method-of-execution challenge must be raised in a habeas petition instead of through a § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law.
-
Whether, if such a challenge must be raised in habeas, it constitutes a successive petition where the challenge would not have been ripe at the time of the inmate's first habeas petition.
Counsel of record
For petitioner
Matthew S. Hellman
Jenner & Block LLP
For respondent
Stephen John Petrany
Georgia Department of Law
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 merits
(3 supporting pet./neither, 2 respondent)
Argument & decision
Argued April 25, 2022 — Matthew S. Hellman · Stephen J. Petrany. Audio and transcript
Decided June 23, 2022. Opinion by Kagan.
Proceedings
- Jul 25 2022JUDGMENT ISSUED
- Jun 23 2022Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined.
- Apr 25 2022Argued. For petitioner: Matthew S. Hellman, Washington, D. C.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Stephen J. Petrany, Solicitor General, Atlanta, Ga.
- Apr 15 2022Reply of petitioner Michael Nance filed. (Distributed)
- Apr 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Apr 04 2022Brief amici curiae of Texas, et al. filed. (Distributed)
- Mar 31 2022Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed)
- Mar 28 2022Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed)
- Mar 23 2022CIRCULATED
- Mar 17 2022The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed.
- Mar 17 2022The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
- Mar 16 2022Record requested from the U.S.C.A. 11th Circuit.
- Mar 15 2022ARGUMENT SET FOR Monday, April 25, 2022.
- Mar 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Mar 04 2022Brief amici curiae of Legal Scholars filed.
- Mar 04 2022Brief amici curiae of American Civil Liberties Union, et al. filed.
- Mar 04 2022Brief amicus curiae of United States filed.
- Feb 25 2022Brief of petitioner Michael Nance filed.
- Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Feb 16 2022Motion to dispense with printing the joint appendix filed by petitioner Michael Nance.
- Jan 14 2022Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED.
- Jan 14 2022Petition GRANTED.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 07 2021Reply of petitioner Michael Nance filed. (Distributed)
- Nov 22 2021Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed.
- Oct 22 2021Motion of Legal Scholars and Academics for leave to file amicus brief not accepted for filing. (October 25, 2021)
- Oct 22 2021Motion for leave to file amici brief filed by Legal Scholars and Academics.
- Sep 24 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
- Sep 23 2021Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
- Sep 17 2021Petition for a writ of certiorari filed. (Response due October 22, 2021)