Legal Opinion
McNair v. Allen
Court of Appeals for the Eleventh Circuit
Decided January 30, 2008No. 08-10100PublishedCited by 238 opinions
1Opinion of the Court
BLACK, Circuit Judge:
James Callahan is an Alabama death row inmate scheduled for execution on January 31, 2008. On October 11, 2006, Callahan filed an action under 42 U.S.C. § 1983, contending the method of execution chosen by the State of Alabama constitutes cruel and unusual punishment in violation of the Eighth Amendment. Finding Callahan’s case had a significant possibility of succeeding on its merits, the district court entered a stay of execution on December 14, 2007, in order to permit Callahan to fully litigate his constitutional challenge. On appeal, Appellants contend the court…
2Cases cited31 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Schlup v. DeloSupreme Court of the United States · 1995
- Wallace v. KatoSupreme Court of the United States · 2007
- Wilson v. GarciaSupreme Court of the United States · 1985
- McCleskey v. ZantSupreme Court of the United States · 1991
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3Cited by238 opinions
- Foudy v. Indian River County Sheriff's OfficeCourt of Appeals for the Eleventh Circuit · 2017
- Powell v. ThomasCourt of Appeals for the Eleventh Circuit · 2011
- Walker v. EppsCourt of Appeals for the Fifth Circuit · 2008
- Larry Eugene Mann v. John PalmerCourt of Appeals for the Eleventh Circuit · 2013
- Arthur v. ThomasCourt of Appeals for the Eleventh Circuit · 2012
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