Docket for 18A1053 *** CAPITAL CASE ***
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| Apr 11 2019 | Application (18A1053) to vacate stay, submitted to Justice Thomas. | | Main Document | | Apr 11 2019 | Response to application from respondent Christopher Lee Price filed. | | Main Document | | Apr 12 2019 | Application (18A1053) referred to the Court. | | | | Apr 12 2019 | Application (18A1053) granted by the Court. The application to vacate the stay of execution, presented
to JUSTICE THOMAS and by him referred to the Court, is
granted, and the stays entered by the District Court for
the Southern District of Alabama and the United States
Court of Appeals for the Eleventh Circuit on April 11,
2019, are vacated. In June 2018, death-row inmates in
Alabama whose convictions were final before June 1, 2018,
had 30 days to elect to be executed via nitrogen hypoxia.
Ala. Code §15-18-82.1(b)(2). Price, whose conviction became
final in 1999, did not do so, even though the record
indicates that all death-row inmates were provided a
written election form, and 48 other death-row inmates
elected nitrogen hypoxia. He then waited until February
2019 to file this action and submitted additional evidence
today, a few hours before his scheduled execution time.
See Gomez v. United States Dist. Court for Northern Dist.
Of Cal., 503 U. S. 653, 654 (1992) (per curiam) (“A court
may consider the last-minute nature of an application to
stay execution in deciding whether to grant equitable
relief.”). Justice Breyer, with whom Justice Ginsburg, Justice Sotomayor, and Justice Kagan join, dissenting from grant of application to vacate stay. (Detached Opinion) | | |
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