No. 18-6739

David Earl Miller, et al. v. Tony Parker, Commissioner, Tennessee Department of Correction, et al.

Lower Court: Tennessee
Docketed: 2018-11-19
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment alternative-method available-alternative due-process facial-challenge fourteenth-amendment glossip-standard glossip-v-gross lethal-injection
Key Terms:
DueProcess
Latest Conference: N/A
Question Presented (AI Summary)

Whether under Glossip v. Gross, inmates raising a facial challenge to one of two methods contained in a State's lethal injection protocol must present evidence of the availability of the alternate method independent from any evidence within the State's possession

Question Presented (OCR Extract)

QUESTIONS PRESENTED IL. Whether under Glossip v. Gross, 135 S. Ct. 2726 (2015), inmates raising a facial challenge to one of two methods contained in a State’s lethal injection protocol must present evidence of the availability of the alternate method independent from any evidence within the State’s possession. II. Whether, under Glossip, supra, and the Due Process Clause of the Fourteenth Amendment, the state court may refuse to consider compelling, uncontested evidence of a known and available alternative because the alternative was not pled in a facial challenge to a prior lethal injection protocol. i

Docket Entries

2018-12-06
Application (18A528) referred to the Court.
2018-12-06
Petition DENIED. Justice Sotomayor, dissenting from the denial of the application for stay and the denial of certiorari: I dissent for the reasons set out in Miller v. Parker, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2018-12-06
Application (18A528) denied by the Court. Justice Sotomayor, dissenting from the denial of the application for stay and the denial of certiorari: I dissent for the reasons set out in Miller v. Parker, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2018-11-23
Reply of petitioner David Miller, et al. filed.
2018-11-20
Brief of respondents Tony Parker, et al. in opposition filed.
2018-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2018)
2018-11-15
Application (18A528) for a stay of execution of sentence of death, submitted to Justice Sotomayor.

Attorneys

David Miller, et al.
Stephen Michael KissingerFederal Defender Services of Eastern Tennessee, Petitioner
Stephen Michael KissingerFederal Defender Services of Eastern Tennessee, Petitioner
Tony Parker, et al.
Jennifer L. Smith — Respondent
Jennifer L. Smith — Respondent