| 25-558 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Michael Sockwell |
Eleventh Circuit |
2025-11-07 |
Pending |
batson-challenge equitable-remedy federal-review habeas-corpus judicial-deference state-prisoner |
1. Whether the Eleventh Circuit violated 28 U.S.C. §2254.
2. Whether a federal court may grant habeas relief to a guilty state prisoner upon identify… |
| 25A457 |
Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2025-10-21 |
Denied |
asphyxiation cruel-and-unusual eighth-amendment execution-method nitrogen-hypoxia preliminary-injunction |
Whether the Eighth Amendment prohibits execution by nitrogen hypoxia that causes prolonged conscious suffering and asphyxiation when a less painful al… |
| 25-5928 |
Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2025-10-21 |
Denied |
comparative-analysis cruel-and-unusual-punishment death-penalty eighth-amendment execution-method nitrogen-hypoxia |
When performing a comparative analysis to determine whether an alternative means of execution would significantly reduce a substantial risk of severe … |
| 25A347 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Michael Sockwell |
Eleventh Circuit |
2025-09-25 |
Presumed Complete |
None |
Question not identified. |
| 25-5145 |
Nicholas Bernard Acklin v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2025-07-18 |
Denied |
attorney-ethics conflict-of-interest constitutional-rights death-penalty habeas-corpus ineffective-assistance-of-counsel |
This is a death penalty case from Alabama in which the following occurred:
(1) the defense attorney was being paid in substantial part by the defenda… |
| 24-1153 |
Corey Schirod Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-05-09 |
Denied |
criminal-sentencing habeas-corpus ineffective-assistance mitigating-evidence postconviction-relief strickland-standard |
Did the Eleventh Circuit Court of Appeals misapply Strickland, and its progeny, by failing to consider in its 'prejudice inquiry' the unrebutted, nonc… |
| 24-7145 |
Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-05-06 |
Denied |
capital-sentencing ineffective-assistance intent intoxication jury-trial sixth-amendment |
Did trial counsel render ineffective assistance of counsel by failing to pursue a theory of lack of intent due to intoxication and by not developing m… |
| 24A1040 |
Nicholas Bernard Acklin v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2025-04-28 |
Presumed Complete |
None |
|
| 24-6941 |
Michael Wayne Reynolds v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-04-08 |
Denied |
aedpa clear-and-convincing evidentiary-hearing factual-deference habeas-corpus state-court-review |
When a state court refuses to conduct an evidentiary hearing, will its factual findings be entitled to deference under 28 U.S.C. § 2254(d)(2), and mus… |
| 24A895 |
Corey Schirod Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-03-17 |
Presumed Complete |
None |
|
| 24A803 |
Michael Wayne Reynolds v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-02-19 |
Presumed Complete |
None |
|
| 24A785 |
Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2025-02-14 |
Presumed Complete |
None |
|
| 24-872 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith |
Eleventh Circuit |
2025-02-14 |
Granted |
atkins-v-virginia criminal-procedure habeas-corpus intellectual-disability iq-testing preponderance-of-evidence |
1. Whether, under a proper application of Atkins , a State can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence.
2.… |
| 24-5993 |
Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-11-19 |
Denied |
conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia superadded-terror |
Does the Eighth Amendment prohibit a method of execution involving conscious suffocation or superadded terror? |
| 23A1065 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-05-29 |
Denied |
constitutional-rights cruel-and-unusual death-penalty eighth-amendment execution-gurney prolonged-restraint |
Whether prolonged restraint on an execution gurney without access to counsel constitutes a violation of the Eighth Amendment's prohibition on cruel an… |
| 23A1064 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-29 |
Denied |
capital-trial due-process false-testimony habeas-corpus plea-agreement prosecutorial-misconduct |
Whether a defendant's due process rights are violated when the prosecution makes materially false statements about a key witness's plea agreement duri… |
| 23-7591 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-05-29 |
Denied |
access-to-counsel access-to-courts civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment execution-procedure prisoner-rights |
Whether Alabama's execution process violates the Eighth Amendment |
| 23-7590 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-29 |
Denied |
brady-violation capital-punishment certificate-of-appealability due-process false-testimony habeas-corpus miller-el-standard plea-agreement prosecutorial-misconduct rule-60-motion |
Where reasonable jurists could debate whether a petitioner is entitled to Rule 60 relief where the State has concealed evidence |
| 23-7567 |
Michael David Carruth v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-28 |
Denied |
alabama appellate-counsel constitutional-right criminal-procedure death-penalty exhaustion ineffective-assistance procedural-bar right-to-counsel state-procedure writ-of-certiorari |
Whether a defendant-appellant has a right to counsel through the filing of a petition for a writ of certiorari |
| 23-6738 |
Ellis Louis Mashburn, Jr. v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-02-13 |
Denied |
capital-murder capital-trial death-penalty habeas-corpus ineffective-assistance-of-counsel mental-illness mitigation-evidence prejudice sixth-amendment strickland-standard strickland-v-washington |
Whether a death row inmate is precluded from establishing prejudice from his trial counsel's deficient performance during the penalty phase if his cou… |
| 23A688 |
Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-01-25 |
Denied |
cruel-and-unusual eighth-amendment equal-protection execution-method fourteenth-amendment nitrogen-hypoxia |
Whether the Eighth and Fourteenth Amendments prohibit a state from executing an inmate using an untested nitrogen hypoxia method that poses a substant… |
| 23-6562 |
Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2024-01-25 |
Denied |
cruel-and-unusual-punishment eighth-amendment equal-protection execution-protocol nitrogen-hypoxia preliminary-injunction ptsd-trauma standing |
Did the Eleventh Circuit deviate from established precedent when it affirmed the denial of a motion for a preliminary injunction on the ground that hi… |
| 23-167 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith |
Eleventh Circuit |
2023-08-21 |
GVR |
atkins-standard atkins-v-virginia capital-punishment eighth-amendment hall-v-florida intellectual-disability iq-test iq-testing standard-error-of-measurement |
Whether courts must deem the Atkins prong satisfied when an offender's lowest IQ score, decreased by one standard error of measurement, is 70 or below |
| 22-6851 |
David Freeman v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2023-02-23 |
Denied |
28-usc-2254d appellate-procedure due-process federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation sixth-amendment state-post-conviction |
Whether a court of appeals violates the principle of party presentation and due process rights when it raises an issue sua sponte that the parties did… |
| 22-6629 |
Keith Edmund Gavin v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2023-01-26 |
Denied |
aedpa aedpa-deference federal-constitutional-claim habeas habeas-corpus ineffective-assistance state-court-decision state-court-review state-law-evidentiary-rule strickland-standard strickland-v-washington |
Whether AEDPA deference applies to state-court reasoning not articulated in the decision |
| 22A637 |
David Freeman v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2023-01-13 |
Presumed Complete |
None |
|
| 22-580 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Kenneth Eugene Smith |
Eleventh Circuit |
2022-12-22 |
Denied |
alternative-method comity death-penalty eighth-amendment feasibility finality method-of-execution nitrogen-hypoxia |
Whether an alternative method of execution is feasible and readily implemented merely because the executing State has statutorily authorized the metho… |
| 21-7109 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2022-02-14 |
Denied |
certificate-of-appealability confrontation-clause crawford-v-washington due-process forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice |
whether-trial-counsel-was-ineffective-for-failing-to-object-to-forensic-dna-evidence |
| 21A372 |
John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. v. Matthew Reeves |
Eleventh Circuit |
2022-01-26 |
Presumed Complete |
None |
|
| 21-6822 |
James Edward Barber v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2022-01-12 |
Denied |
aggravating-evidence capital-sentencing ineffective-assistance-of-counsel jury-instructions mental-health-evidence mitigation-evidence prejudice prejudice-standard split-verdict |
What is the proper legal standard for assessing the prejudice resulting from deficient assistance of counsel in capital sentencing proceedings, partic… |
| 21-6238 |
Donald Broadnax v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2021-11-10 |
Denied |
AEDPA aedpa-deference due-process federal-habeas-corpus hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel postconviction-relief state-evidentiary-rules state-postconviction-proceedings |
Does AEDPA deference apply to state postconviction evidentiary rules? |
| 21-6202 |
Charles Gregory Clark v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2021-11-09 |
Denied |
capital-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan shackling shackling-claim specific-intent strickland-standard strickland-v-washington |
Whether the trial court's requirement that Charles Gregory Clark be visibly restrained during his entire capital murder trial without a hearing and ne… |
| 21-579 |
Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2021-10-20 |
Denied |
accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent |
Under Waddington v. Sarausad, does a general jury instruction on accomplice liability relieve the State of its burden to prove specific intent beyond … |
| 24A498 |
Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
|
Denied |
capital-punishment conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia |
Whether the Eighth Amendment prohibits executing a prisoner via nitrogen hypoxia in a manner that potentially causes conscious suffocation and superad… |