Legal Opinion

James P. Free, Jr. v. Howard A. Peters, III and Neil F. Hartigan

Court of Appeals for the Seventh Circuit

Decided March 29, 1995No. 95-1692PublishedCited by 16 opinions

1Per curiam

Petitioner James P. Free, Jr. is scheduled to be executed by the State of Illinois on March 22, 1995. He filed a motion under Fed.R.Civ.P. 60(b) in the district court and sought a stay of the execution pending the U.S. Supreme Court’s decision whether to grant a writ of certiorari in Lackey v. Texas, — U.S. -, 115 S.Ct. 1274, 131 L.Ed.2d 192 (1995) which raises the issue of

[w]hether the execution of a death sentence constitutes cruel and unusual punishment under the Eighth Amendment as understood by the Framers if, as a result of inordinate delay not attributable to his own conduct, the…

2Cited by16 opinions

  1. Clarence Ray Allen v. Steven W. Ornoski, Warden, of the California State Prison at San Quentin Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2006
  2. Duncan Peder McKenzie Jr. v. Rick Day, Director, Department of Corrections and Human ServicesCourt of Appeals for the Ninth Circuit · 1995
  3. Larry Wayne White v. Gary L. Johnson, Director, Texas Dept. Of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996
  4. State v. DavisOhio Supreme Court · 2014
  5. Ex Parte BushSupreme Court of Alabama · 1997

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