No. 18-5096

Raymond Tibbetts v. John Kasich, Governor of Ohio, et al.

Lower Court: Sixth Circuit
Docketed: 2018-07-03
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: baze-v-rees baze-vs-rees eighth-amendment execution-protocol glossip-v-gross glossip-vs-gross lethal-injection midazolam prisoner-rights scientific-evidence substantial-risk substantial-risk-of-harm substantial-risk-of-serious-harm
Key Terms:
Punishment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a prisoner challenging a midazolam three-drug lethal-injection protocol must prove with scientific evidence that the first drug is sure or very likely to fail to prevent serious pain

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a prisoner challenging a midazolam three-drug lethal-injection protocol must, as the Sixth Circuit requires, “prove” with “scientific evidence” that the first drug is “sure or very likely to fail to prevent serious pain”—an unattainable standard given the impossibility of clinically testing whether a massive overdose of a sedative will fail to block pain—or whether the prisoner meets his Eighth Amendment burden by showing that the protocol poses a “substantial risk of serious harm,” as this Court articulated the standard in Baze v. Rees, 553 U.S. 35 (2008) (plurality opinion), and Glossip v. Gross, 135 S. Ct. 2726 (2015), and as petitioner showed here. 2. Whether Glossip’s requirement of an alternative method of execution that “significantly reduces a substantial risk of severe pain” requires the elimination of all pain from an execution, or is satisfied by a proposal to remove one of two distinct types of pain that the execution method will inflict. @)

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Reply of petitioner Raymond Tibbetts filed.
2018-08-02
Brief of respondents John Kasich, et al. in opposition filed.
2018-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2018)
2018-04-20
Application (17A1162) granted by Justice Kagan extending the time to file until July 1, 2018.
2018-04-20
Application (17A1162) to extend the time to file a petition for a writ of certiorari from May 2, 2018 to July 1, 2018, submitted to Justice Kagan.

Attorneys

John Kasich, et al.
Eric E. MurphyOhio State Solicitor, Respondent
Eric E. MurphyOhio State Solicitor, Respondent
Raymond Tibbetts
Jeffrey T. GreenSidley Austin LLP, Petitioner
Jeffrey T. GreenSidley Austin LLP, Petitioner