No. 20-5766

Christopher Andre Vialva v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-21
Status: Denied
Type: IFP
IFP
Tags: attorney-general-power death-penalty death-sentence execution-procedures federal-courts federal-death-penalty-act federal-law judicial-precedent state-law state-law-implementation
Key Terms:
FourthAmendment Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

What law governs a federal court's implementation of a death sentence?

Question Presented (OCR Extract)

QUESTION PRESENTED Since the federal government resumed executions this year, after a 17-year hiatus, the Courts of Appeals have addressed challenges to federal methods and procedures. These challenges have alleged the federal government was obligated to apply various aspects of state methods while conducting execution procedures. These challenges were based on the Federal Death Penalty Act, 18 U.S.C. § 3596(a). This case presents a far more fundamental question: what law, if any, governs the federal courts themselves when implementing judgments imposing sentences of death. Below, Mr. Vialva contended federal law requires a district court to follow the material and applicable law of the state in which the court issuing the judgment sits. He maintained either the Federal Death Penalty Act or judicially created federal law dating back to the founding of the nation requires this. The Government disagreed. Without identifying what law applies, the Government contended the Attorney General simply has the power to execute any federally death-sentenced individual without any further involvement of the court. Thus, the questions presented are: 1. Does the Federal Death Penalty Act’s requirement of implementation in the manner prescribed by state law govern a federal district court’s implementation of its judgment imposing death? 2. If not, what law governs? ii

Docket Entries

2020-09-24
Application (20A49) referred to the Court.
2020-09-24
Petition DENIED.
2020-09-24
Application (20A49) denied by the Court.
2020-09-23
Reply of petitioner Christopher Vialva filed.
2020-09-22
Brief of respondent United States in opposition filed.
2020-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2020)
2020-09-21
Application (20A49) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Christopher Vialva
Jared P. TylerTyler Law Firm, PLLC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent