Johnson v. Precythe
Petition for certiorari denied on May 24, 2021| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-287 | 8th Cir. | N/A | N/A | N/A | N/A | OT 2020 |
Issues: (1) Whether Bucklew v. Precythe established a categorical rule that a state may obtain dismissal of an Eighth Amendment method-of-execution claim by proffering a reason for rejecting the plaintiff’s opposed alternative method of execution that is legitimate in the abstract, regardless of whether the plaintiff has plausibly alleged that the state’s proffered reason is not legitimate or sufficient on the facts of the case; and (2) whether, in the alternative, the U.S. Court of Appeals for the 8th Circuit’s refusal to permit Ernest Johnson, after the Supreme Court’s decision in Bucklew was issued, to amend his complaint to propose a previously-used alternative method of execution warrants summary reversal.
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| Date | Proceedings and Orders |
|---|---|
| Aug 28 2020 | Petition for a writ of certiorari filed. (Response due October 5, 2020) |
| Oct 01 2020 | Motion to extend the time to file a response from October 5, 2020 to November 4, 2020, submitted to The Clerk. |
| Oct 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2020. |
| Nov 04 2020 | Brief of respondents Anne Precythe, et al. in opposition filed. |
| Nov 23 2020 | Reply of petitioner Ernest Johnson filed. (Distributed) |
| Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020. |
| Dec 08 2020 | Rescheduled. |
| Jan 04 2021 | DISTRIBUTED for Conference of 1/8/2021. |
| Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021. |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Feb 22 2021 | DISTRIBUTED for Conference of 2/26/2021. |
| Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021. |
| Mar 15 2021 | DISTRIBUTED for Conference of 3/19/2021. |
| Mar 22 2021 | DISTRIBUTED for Conference of 3/26/2021. |
| Mar 29 2021 | The parties are directed to file supplemental letter briefs addressing the following question: Given that the District Court dismissed without prejudice, would petitioner be barred from filing a new complaint that proposes the firing squad as the alternative method of execution? The petitioner’s brief, not to exceed 5 pages, is to be filed with the Clerk and served upon opposing counsel on or before Monday, April 12, 2021. The respondents’ brief, not to exceed 5 pages, is to be filed with the Clerk and served upon opposing counsel on or before Monday, April 26, 2021. |
| Apr 12 2021 | Supplemental Letter of petitioner Ernest Johnson filed. |
| Apr 26 2021 | DISTRIBUTED for Conference of 4/30/2021. |
| Apr 26 2021 | Supplemental brief of respondents Anne Precythe, et al. filed. |
| May 10 2021 | DISTRIBUTED for Conference of 5/13/2021. |
| May 17 2021 | DISTRIBUTED for Conference of 5/20/2021. |
| May 24 2021 | Petition DENIED. Justice Breyer, dissenting from the denial of certiorari. (Detached Opinion) Justice Sotomayor, with whom Justice Breyer and Justice Kagan join, dissenting from the denial of certiorari. (Detached Opinion) |
