Legal Opinion

Arthur v. Dunn

Supreme Court of the United States

Decided February 21, 2017No. 16-602Relating-toCited by 35 opinions

1Opinion of the Court

Petitioner Thomas Arthur, a prisoner on Alabama's death row, has met this challenge. He has amassed significant evidence that Alabama's current lethal-injection protocol will result in intolerable and needless agony, and he has proposed an alternative-death by firing squad. The Court of Appeals, without considering any of the evidence regarding the risk posed by the current protocol, denied Arthur's claim because Alabama law does not expressly permit execution by firing squad, and so it cannot be a "known and available" alternative under Glossip . Because this decision permits States to…

2Cases cited16 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Payne v. TennesseeSupreme Court of the United States · 1991
  3. Trop v. DullesSupreme Court of the United States · 1958
  4. Baze v. ReesSupreme Court of the United States · 2008
  5. Martin v. Hunter's LesseeSupreme Court of the United States · 1816

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3Cited by35 opinions

  1. Fears v. MorganCourt of Appeals for the Sixth Circuit · 2017
  2. Anthony Boyd v. Warden,Holman Correctional FacilityCourt of Appeals for the Eleventh Circuit · 2017
  3. McGehee v. HutchinsonCourt of Appeals for the Eighth Circuit · 2017
  4. Christopher Lee Price v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2019
  5. Zagorski v. ParkerSupreme Court of the United States · 2018

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