Nance v. Ward, No. 21-439 [Arg: 04.25.2022]
Issue(s):
(1) Whether an inmate’s as-applied method-of-execution challenge must be raised in a habeas petition instead of through a 42 U.S.C. § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law; and
(2) whether, if such a challenge must be raised in habeas, it constitutes a successive petition when the challenge would not have been ripe at the time of the inmate’s first habeas petition.
QUESTION PRESENTED:
- Whether an inmate’s as-applied method-of-execution challenge must be raised in a habeas petition instead of through a 42 U.S.C. § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law; and
- whether, if such a challenge must be raised in habeas, it constitutes a successive petition when the challenge would not have been ripe at the time of the inmate’s first habeas petition.
Date Proceedings and Orders
Sep 17 2021 | Petition for a writ of certiorari filed. (Response due October 22, 2021)
Sep 23 2021 | Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
Sep 24 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 22 2021 | Motion of Legal Scholars and Academics for leave to file amicus brief not accepted for filing. (October 25, 2021)
Oct 22 2021 | Motion for leave to file amici brief filed by Legal Scholars and Academics.
Nov 22 2021 | Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed.
Dec 07 2021 | Reply of petitioner Michael Nance filed. (Distributed)
Dec 08 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022 | Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED.
Jan 14 2022 | Petition GRANTED.
Feb 16 2022 | Motion to dispense with printing the joint appendix filed by petitioner Michael Nance.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 25 2022 | Brief of petitioner Michael Nance filed.
Mar 04 2022 | Brief amici curiae of Legal Scholars filed.
Mar 04 2022 | Brief amici curiae of American Civil Liberties Union, et al. filed.
Mar 04 2022 | Brief amicus curiae of United States filed.
Mar 14 2022 | Motion 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 15 2022 | ARGUMENT SET FOR Monday, April 25, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 11th Circuit.
Mar 17 2022 | The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed.
Mar 17 2022 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 28 2022 | Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed)
Mar 31 2022 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed)
Apr 04 2022 | Brief amici curiae of Texas, et al. filed. (Distributed)
Apr 14 2022 | Motion 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 15 2022 | Reply of petitioner Michael Nance filed. (Distributed)
Apr 25 2022 | Argued. 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.
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