| No. 17-8151 *** CAPITAL CASE *** | |
| Title: | Russell Bucklew, Petitioner v. Anne L. Precythe, Director, Missouri Department of Corrections, et al. |
| Docketed: | March 15, 2018 |
| Linked with 17A911 | |
| Lower Ct: | United States Court of Appeals for the Eighth Circuit |
| Case Numbers: | (17-3052) |
| Decision Date: | March 6, 2018 |
| Rehearing Denied: | March 15, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 15 2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2018) |
| Motion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word CountProof of Service | |
| Mar 15 2018 | Application (17A911) for a stay of execution of sentence of death, submitted to Justice Gorsuch. |
| Main Document | |
| Mar 16 2018 | Brief of respondents Anne Precythe, et al. in opposition filed. |
| Main DocumentOtherProof of Service | |
| Mar 19 2018 | Reply of petitioner Russell Bucklew filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 20 2018 | Application (17A911) referred to the Court. |
| Mar 20 2018 | Application (17A911) granted by the Court. The application for stay of execution of sentence of death presented to Justice Gorsuch and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The Chief Justice, Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application for stay of execution. |
| Mar 22 2018 | DISTRIBUTED for Conference of 4/13/2018. |
| Apr 06 2018 | Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 16 2018 | DISTRIBUTED for Conference of 4/20/2018. |
| Apr 23 2018 | DISTRIBUTED for Conference of 4/27/2018. |
| Apr 30 2018 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented in the petition, the parties are directed to brief and argue the following Question: Whether petitioner met his burden under Glossip v. Gross, 576 U. S. ____ (2015), to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the State's method of execution. |
| May 08 2018 | Motion for an extension of time filed. |
| Main Document | |
| May 16 2018 | Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including July 16, 2018. |
| Jun 26 2018 | Blanket Consent filed by Petitioner, Russell Bucklew |
| Blanket Consent | |
| Jul 06 2018 | Blanket Consent filed by Respondent, Anne Precythe, et al. |
| Blanket Consent | |
| Jul 16 2018 | Brief of petitioner Russell Bucklew filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 16 2018 | Joint appendix (2 volumes) filed. (Statement of costs filed) |
| Main DocumentMain Document | |
| Jul 16 2018 | Petitioner's Unopposed Motion to File Joint Appendix -- Volume III Under Seal of Russell Bucklew not accepted for filing. (Amended motion submitted.) (August 15, 2018) |
| Jul 20 2018 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 23 2018 | Brief amicus curiae of Pharmacy, Medicine, and Health Policy Experts filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 23 2018 | Brief amici curiae of Former Corrections Officials filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 23 2018 | Brief amicus curiae of Association for Accessible Medicines in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 23 2018 | Brief amici curiae of Scholars and Academics of Constitutional Law filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 23 2018 | Brief amicus curiae of Megan McCracken and Jennifer Moreno filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 23 2018 | Brief amicus curiae of Former Judges and Prosecutors filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jul 23 2018 | Brief amicus curiae of American Medical Association in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 15 2018 | Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record filed by petitioner Russell Bucklew. |
| Main DocumentOtherProof of Service | |
| Aug 15 2018 | Brief of respondent Anne Precythe, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 20 2018 | SET FOR ARGUMENT on Tuesday, November 6, 2018 |
| Aug 22 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Aug 22 2018 | Brief amici curiae of States of Texas, Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Tennessee, Utah, Wyoming filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 22 2018 | Brief amici curiae of Arizona Voice for Crime Victims, Inc., and Melissa Sanders filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 06 2018 | Lodging proposal of petitioner filed. (Distributed) |
| Main Document | |
| Sep 10 2018 | Record requested from the U.S.C.A. 8th Circuit. |
| Sep 10 2018 | Opposition of respondent to lodging proposal of petitioner filed. (Distributed) |
| Main Document | |
| Sep 12 2018 | CIRCULATED |
| Sep 14 2018 | Reply of petitioner Russell Bucklew filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2018 | Record received from the U.S.C.A. 8th Circuit. The record is complete. (1 Box). |
| Oct 01 2018 | Motion to file Volume III of the joint appendix under seal with redacted copy of transcript for public record GRANTED. |
| Oct 19 2018 | Motion to appoint counsel filed by petitioner Russell Bucklew. |
| Main Document | |
| Oct 31 2018 | DISTRIBUTED for Conference of 11/16/2018. |
| Nov 06 2018 | Argued. For petitioner: Robert Hochman, Chicago, Ill. For respondents: D. John Sauer, State Solicitor, Jefferson City, Mo. |
| Nov 19 2018 | Motion to appoint counsel filed by petitioner GRANTED, and Cheryl A. Pilate, Esquire, of Kansas City, Missouri, is appointed to serve as counsel for the petitioner in this case. |
| Apr 01 2019 | Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined as to all but Part III. Sotomayor, J., filed a dissenting opinion. |
| May 03 2019 | JUDGMENT ISSUED. |
| Aug 05 2019 | the record from the U.S.C.A. 8th Circuit has been returned. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Robert N. Hochman Counsel of Record | Sidley Austin, LLP One South Dearborn Street Chicago, IL 60603 rhochman@sidley.com | 312-853-2936 |
| Party name: Russell Bucklew | ||
| Attorneys for Respondents | ||
| D. John Sauer Counsel of Record | Office of the Attorney General Supreme Court Building, 207 West High Street P.O. Box 899 Jefferson City, MO 65102 john.sauer@ago.mo.gov | 573-751-3321 |
| Party name: Anne Precythe, et al. | ||
| Michael Joseph Spillane | PO Box 899 Jefferson City, MO 65102 mike.spillane@ago.mo.gov | (573) 751-1307 |
| Party name: Anne Precythe, et al. | ||
| Other | ||
| Ginger D. Anders Counsel of Record | Munger, Tolles & Olson LLP 1155 F Street NW 7th Floor Washington, DC 20004 ginger.anders@mto.com | 2022201107 |
| Party name: Megan McCracken and Jennifer Moreno | ||
| Brian Timothy Burgess Counsel of Record | Goodwin Procter, LLP 901 New York Avenue Washington, DC 20001 BBurgess@goodwinlaw.com | 2023464000 |
| Party name: Association for Accessible Medicines | ||
| David D. Cole | American Civil Liberties Union Foundation 915 15th Street, NW Washington, DC 20005 dcole@aclu.org | 212-549-2611 |
| Party name: The American Civil Liberties Union, et al. | ||
| Jessica Lynn Ellsworth Counsel of Record | Hogan Lovells US, LLP 555 13th Street, N. W. Washington, DC 20004 jessica.ellsworth@hoganlovells.com | 202-637-5886 |
| Party name: Pharmacy, Medicine, and Health Policy Experts | ||
| Allyson Ho Counsel of Record | Gibson, Dunn & Crutcher LLP 2100 McKinney Avenue Suite 1100 Dallas, TX 75201 aho@gibsondunn.com | 214-698-3233 |
| Party name: Arizona Voice for Crime Victims, Inc., and Melissa Sanders | ||
| John Robert Mills Counsel of Record | Phillips Black, Inc. 836 Harrison Street San Francisco, CA 94107 j.mills@phillipsblack.org | 888-532-0897 |
| Party name: Former Judges and Prosecutors | ||
| Leonard A. Nelson Counsel of Record | American Medical Association 330 N. Wabash Ave. Suite 39300 Chicago, IL 60611 leonard.nelson@ama-assn.org | 3124645532 |
| Party name: American Medical Association | ||
| Bruce H. Schneider Counsel of Record | Stroock & Stroock & Lavan LLP 180 Maiden Lane New York, NY 10038 bschneider@stroock.com | (212) 806-5400 |
| Party name: Scholars and Academics of Constitutional Law | ||
| Tejinder Singh Counsel of Record | Goldstein & Russel, P.C. 7475 Wisconsin Avenue Suite 850 Bethesda, MD 20814 tsingh@goldsteinrussell.com | 202.362.0636 |
| Party name: Former Corrections Officials | ||
| Cassandra Stubbs Counsel of Record | ACLU Capital Punishment Project 201 W. Main Street Suite 402 Durham, NC 27701 cstubbs@aclu.org | 919-688-4605 |
| Party name: The American Civil Liberties Union, et al. | ||