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Johnson v. Kelley

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Petition for certiorari denied on February 21, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-6496 Ark. N/A N/A N/A N/A OT 16

Issues: (1) Whether, in a means-of-execution suit, known and available alternatives are limited to those already provided in a statute an inmate is challenging; (2) whether an inmate pleads a known and available alternative by identifying an execution method – firing squad – that other states have used and that the state has admitted it can carry out; and (3) whether an inmate pleads a known and available alternative by identifying a lethal-injection drug and identifying vendors who currently sell it.

DateProceedings and Orders (key to color coding)
Oct 5 2016Application (16A336) to extend the time to file a petition for a writ of certiorari from October 19, 2016 to November 18, 2016, submitted to Justice Alito.
Oct 6 2016Response in opposition to application from respondents Wendy Kelley, Director, Arkansas Department of Correction, et al. filed.
Oct 7 2016Application (16A336) denied by Justice Alito.
Oct 19 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2016)
Nov 4 2016Brief of respondents Wendy Kelley, Director, Arkansas Department of Correction, et al. in opposition filed.
Nov 15 2016Reply of petitioners Stacey Johnson, et al. filed.
Nov 21 2016Brief amicus curiae of The Louis Stein Center for Law and Ethics at Fordham University School of Law filed. (Distributed)
Nov 22 2016DISTRIBUTED for Conference of December 9, 2016.
Dec 22 2016Supplemental brief of petitioners Stacey Johnson, et al. filed.
Dec 27 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017DISTRIBUTED for Conference of January 19, 2017.
Feb 6 2017DISTRIBUTED for Conference of February 17, 2017.
Feb 14 2017Second supplemental brief of petitioners Stacey Johnson, et al. filed. (Distributed)
Feb 14 2017Amendment to the Second supplemental brief of petitioners Stacey Johnson, et al. filed. (Distributed)
Feb 21 2017Petition DENIED Justice Sotomayor, with whom Justice Breyer joins, 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).
Mar 20 2017Petition for Rehearing filed.
Mar 22 2017DISTRIBUTED for Conference of April 13, 2017.
Apr 10 2017Supplemental brief to the petition for rehearing filed. (Distributed)
Apr 12 2017Rescheduled.
Apr 17 2017DISTRIBUTED for Conference of April 21, 2017.
Apr 17 2017Application (16A986) for a stay of execution of sentences of death, submitted to Justice Alito.
Apr 17 2017Response to application from respondent Wendy Kelley, Director, Arkansas Department of Correction, et al. filed.
Apr 18 2017Reply of applicant Stacey Johnson, et al. filed.
Apr 20 2017Application (16A986) referred to the Court.
Apr 20 2017Application (16A986) denied by the Court. Justice Breyer, Justice Sotomayor, and Justice Kagan would grant the application for stay of execution. Justice Breyer dissenting from the denial of the application for stay: I dissent from the denial of certiorari for the reasons set out in McGehee v. Hutchinson, 580 U.S. __ (2017).
Apr 24 2017Rehearing DENIED. Justice Sotomayor would grant the petition for rehearing.