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Docket for 17-8151 *** CAPITAL CASE ***
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No. 17-8151 *** CAPITAL CASE ***
 
Title: Russell Bucklew, Petitioner
v.
Anne L. Precythe, Director, Missouri Department of Corrections, et al.
Docketed: March 15, 2018
Linked with: 17A911
Lower Ct: United States Court of Appeals for the Eighth Circuit
   Case Numbers: (17-3052)
   Decision Date: March 6, 2018
   Rehearing Denied: March 15, 2018
Questions Presented
 
Proceedings and Orders
Mar 15 2018 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2018)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Certificate of Word Count Proof of Service
Mar 15 2018 Application (17A911) for a stay of execution of sentence of death, submitted to Justice Gorsuch.
Main Document
Mar 16 2018 Brief of respondents Anne Precythe, et al. in opposition filed.
Main Document Other Proof of Service
Mar 19 2018 Reply of petitioner Russell Bucklew filed.
Main Document Certificate of Word Count Proof of Service
Mar 20 2018 Application (17A911) referred to the Court.
Mar 20 2018 Application (17A911) granted by the Court. The application for stay of execution of sentence of death presented to Justice Gorsuch and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The Chief Justice, Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application for stay of execution.
Mar 22 2018 DISTRIBUTED for Conference of 4/13/2018.
Apr 06 2018 Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Apr 16 2018 DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018 DISTRIBUTED for Conference of 4/27/2018.
Apr 30 2018 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented in the petition, the parties are directed to brief and argue the following Question: Whether petitioner met his burden under Glossip v. Gross, 576 U. S. ____ (2015), to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the State's method of execution.
May 08 2018 Motion for an extension of time filed.
Main Document
May 16 2018 Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including July 16, 2018.
Jun 26 2018 Blanket Consent filed by Petitioner, Russell Bucklew
Blanket Consent
Jul 06 2018 Blanket Consent filed by Respondent, Anne Precythe, et al.
Blanket Consent
Jul 16 2018 Brief of petitioner Russell Bucklew filed.
Main Document Certificate of Word Count Proof of Service
Jul 16 2018 Joint appendix (2 volumes) filed. (Statement of costs filed)
Main Document Main Document
Jul 16 2018 Petitioner's Unopposed Motion to File Joint Appendix -- Volume III Under Seal of Russell Bucklew not accepted for filing. (Amended motion submitted.) (August 15, 2018)
Jul 20 2018 Brief amici curiae of The American Civil Liberties Union, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 23 2018 Brief amicus curiae of Pharmacy, Medicine, and Health Policy Experts filed.
Main Document Certificate of Word Count Proof of Service
Jul 23 2018 Brief amici curiae of Former Corrections Officials filed.
Main Document Certificate of Word Count Proof of Service
Jul 23 2018 Brief amicus curiae of Association for Accessible Medicines in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Jul 23 2018 Brief amici curiae of Scholars and Academics of Constitutional Law filed.
Main Document Proof of Service Certificate of Word Count
Jul 23 2018 Brief amicus curiae of Megan McCracken and Jennifer Moreno filed.
Main Document Certificate of Word Count Proof of Service
Jul 23 2018 Brief amicus curiae of Former Judges and Prosecutors filed.
Main Document Other Certificate of Word Count Proof of Service
Jul 23 2018 Brief amicus curiae of American Medical Association in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Aug 15 2018 Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record filed by petitioner Russell Bucklew.
Main Document Other Proof of Service
Aug 15 2018 Brief of respondent Anne Precythe, et al. filed.
Main Document Proof of Service Certificate of Word Count
Aug 20 2018 SET FOR ARGUMENT on Tuesday, November 6, 2018
Aug 22 2018 DISTRIBUTED for Conference of 9/24/2018.
Aug 22 2018 Brief amici curiae of States of Texas, Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Tennessee, Utah, Wyoming filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Aug 22 2018 Brief amici curiae of Arizona Voice for Crime Victims, Inc., and Melissa Sanders filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 06 2018 Lodging proposal of petitioner filed. (Distributed)
Main Document
Sep 10 2018 Record requested from the U.S.C.A. 8th Circuit.
Sep 10 2018 Opposition of respondent to lodging proposal of petitioner filed. (Distributed)
Main Document
Sep 12 2018 CIRCULATED
Sep 14 2018 Reply of petitioner Russell Bucklew filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 19 2018 Record received from the U.S.C.A. 8th Circuit. The record is complete. (1 Box).
Oct 01 2018 Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record GRANTED.
Oct 19 2018 Motion to appoint counsel filed by petitioner Russell Bucklew.
Main Document
Oct 31 2018 DISTRIBUTED for Conference of 11/16/2018.
Nov 06 2018 Argued. For petitioner: Robert Hochman, Chicago, Ill. For respondents: D. John Sauer, State Solicitor, Jefferson City, Mo.
Nov 19 2018 Motion to appoint counsel filed by petitioner GRANTED, and Cheryl A. Pilate, Esquire, of Kansas City, Missouri, is appointed to serve as counsel for the petitioner in this case.
Apr 01 2019 Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined as to all but Part III. Sotomayor, J., filed a dissenting opinion.
May 03 2019 JUDGMENT ISSUED.
Aug 05 2019 the record from the U.S.C.A. 8th Circuit has been returned.
Attorneys
Attorneys for Petitioners
Robert N. Hochman
Counsel of Record
Sidley Austin, LLP
One South Dearborn Street
Chicago, IL 60603
rhochman@sidley.com
Ph: 312-853-2936
Party name: Russell Bucklew


Attorneys for Respondents
D. John Sauer
Counsel of Record
Office of the Attorney General
Supreme Court Building, 207 West High Street
P.O. Box 899
Jefferson City, MO 65102
john.sauer@ago.mo.gov
Ph: 573-751-3321
Party name: Anne Precythe, et al.


Michael Joseph Spillane

PO Box 899
Jefferson City, MO 65102
mike.spillane@ago.mo.gov
Ph: (573) 751-1307
Party name: Anne Precythe, et al.


Other Attorneys
Ginger D. Anders
Counsel of Record
Munger, Tolles & Olson LLP
1155 F Street NW
7th Floor
Washington, DC 20004
ginger.anders@mto.com
Ph: 2022201107
Party name: Megan McCracken and Jennifer Moreno


Brian Timothy Burgess
Counsel of Record
Goodwin Procter, LLP
901 New York Avenue
Washington, DC 20001
BBurgess@goodwinlaw.com
Ph: 2023464000
Party name: Association for Accessible Medicines


David D. Cole
American Civil Liberties Union Foundation
915 15th Street, NW
Washington, DC 20005
dcole@aclu.org
Ph: 212-549-2611
Party name: The American Civil Liberties Union, et al.


Jessica Lynn Ellsworth
Counsel of Record
Hogan Lovells US, LLP
555 13th Street, N. W.
Washington, DC 20004
jessica.ellsworth@hoganlovells.com
Ph: 202-637-5886
Party name: Pharmacy, Medicine, and Health Policy Experts


Allyson Ho
Counsel of Record
Gibson, Dunn & Crutcher LLP
2100 McKinney Avenue
Suite 1100
Dallas, TX 75201
aho@gibsondunn.com
Ph: 214-698-3233
Party name: Arizona Voice for Crime Victims, Inc., and Melissa Sanders


John Robert Mills
Counsel of Record
Phillips Black, Inc.
836 Harrison Street
San Francisco, CA 94107
j.mills@phillipsblack.org
Ph: 888-532-0897
Party name: Former Judges and Prosecutors


Leonard A. Nelson
Counsel of Record
American Medical Association
330 N. Wabash Ave.
Suite 39300
Chicago, IL 60611
leonard.nelson@ama-assn.org
Ph: 3124645532
Party name: American Medical Association


Bruce H. Schneider
Counsel of Record
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
bschneider@stroock.com
Ph: (212) 806-5400
Party name: Scholars and Academics of Constitutional Law


Tejinder Singh
Counsel of Record
Goldstein & Russel, P.C.
7475 Wisconsin Avenue
Suite 850
Bethesda, MD 20814
tsingh@goldsteinrussell.com
Ph: 202.362.0636
Party name: Former Corrections Officials


Cassandra Stubbs
Counsel of Record
ACLU Capital Punishment Project
201 W. Main Street
Suite 402
Durham, NC 27701
cstubbs@aclu.org
Ph: 919-688-4605
Party name: The American Civil Liberties Union, et al.

 

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