Docket for 15-6773
| No. 15-6773 | *** CAPITAL CASE *** |
| Title: |
| Ernest Lee Johnson, Petitioner |
| v. |
| George A. Lombardi, et al. |
|
| Docketed: | November 1, 2015 |
| Linked with 15A473 |
| Lower Ct: | United States Court of Appeals for the Eighth Circuit |
| Case Nos.: | (15-3420) |
| Decision Date: | October 30, 2015 |
| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 1 2015 |
Application (15A473) for a stay of execution of sentence of death, submitted to Justice Alito. |
| Nov 1 2015 |
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2015) |
| Nov 2 2015 |
Brief of respondent George A. Lombardi, et al. in opposition filed. |
| Nov 2 2015 |
Reply of petitioner Ernest Lee Johnson filed. |
| Nov 3 2015 |
Application (15A473) referred to the Court. |
| Nov 3 2015 |
Application (15A473) granted by the Court. The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is treated as an application for stay pending appeal in the Eighth Circuit. The application is granted pending the disposition of petitioner�s appeal. Petitioner�s complaint alleges that Missouri�s method of execution violates the Eighth Amendment as applied to a person with his particular medical condition. A supporting affidavit by a medical expert states that �[a]s a result of Mr. Johnson�s brain tumor, brain defect, and brain scar, a substantial risk of serious harm will occur during his execution as result of a violent seizure that may be induced by [the] Pentobarbital injection.� Because petitioner�s complaint was dismissed for failure to state a claim, the State was not required to submit any evidence refuting this allegation. In the currently pending appeal, the Court of Appeals will be required to decide whether petitioner�s complaint was properly dismissed for failure to state a claim or whether the case should have been permitted to progress to the summary judgment stage. |
| Nov 18 2015 |
DISTRIBUTED for Conference of December 4, 2015. |
| Dec 7 2015 |
Petition DENIED. |
|