Legal Opinion · Dissent

Arthur v. Commissioner, Alabama Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided May 24, 2017No. 17-11879-P Non-Argument CalendarPublished

1DissentWilson, Circuit Judge

The Constitution and common sense usually dictate the same result. This case is no exception. An important constitution*914al right is at stake, and Alabama can easily honor that right; all Alabama needs to do is afford Thomas Arthur access to a telephone. Both the Constitution and common sense say Alabama should do just that,

Arthur asked Alabama if one of his designated execution witnesses, his attorney, could have access to a telephone during his execution. Alabama could have easily granted this request. Affording the attorney-witness access to a telephone, such as an already existing landline,…

2Cases cited24 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Jones v. BockSupreme Court of the United States · 2007
  4. Lewis v. CaseySupreme Court of the United States · 1996
  5. Bounds v. SmithSupreme Court of the United States · 1977

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