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Docket for 18A1053 *** CAPITAL CASE ***
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No. 18A1053 *** CAPITAL CASE ***
Title:
Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al., Applicants
v.
Christopher Lee Price
Docketed:
April 11, 2019
Lower Ct:
United States Court of Appeals for the Eleventh Circuit
Case Numbers:
(19-11268-P)
Proceedings and Orders
Apr 11 2019
Application (18A1053) to vacate stay, submitted to Justice Thomas.
Main Document
Apr 11 2019
Response to application from respondent Christopher Lee Price filed.
Main Document
Apr 12 2019
Application (18A1053) referred to the Court.
Apr 12 2019
Application (18A1053) granted by the Court. The application to vacate the stay of execution, presented to JUSTICE THOMAS and by him referred to the Court, is granted, and the stays entered by the District Court for the Southern District of Alabama and the United States Court of Appeals for the Eleventh Circuit on April 11, 2019, are vacated. In June 2018, death-row inmates in Alabama whose convictions were final before June 1, 2018, had 30 days to elect to be executed via nitrogen hypoxia. Ala. Code §15-18-82.1(b)(2). Price, whose conviction became final in 1999, did not do so, even though the record indicates that all death-row inmates were provided a written election form, and 48 other death-row inmates elected nitrogen hypoxia. He then waited until February 2019 to file this action and submitted additional evidence today, a few hours before his scheduled execution time. See Gomez v. United States Dist. Court for Northern Dist. Of Cal., 503 U. S. 653, 654 (1992) (per curiam) (“A court may consider the last-minute nature of an application to stay execution in deciding whether to grant equitable relief.”). Justice Breyer, with whom Justice Ginsburg, Justice Sotomayor, and Justice Kagan join, dissenting from grant of application to vacate stay. (Detached
Opinion
)
Attorneys
Attorneys for Petitioners
Lauren Ashley Simpson
Counsel of Record
Office of the Attorney General State of Alabama
501 Washington Avenue
Montgomery, AL 36130
lsimpson@ago.state.al.us
Ph: 3343531209
Party name: Jefferson S. Dunn
Attorneys for Respondents
Aaron Michael Katz
Counsel of Record
Ropes & Gray LLP
Prudential Tower, 800 Boylston Street
Boston, MA 02199
aaron.katz@ropesgray.com
Ph: 617-951-7117
Party name: Christopher Lee Price
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