United States Supreme Court Decisions: 2021 – 2022 Term

U.S. Supreme Court Decisions: 2021 – 2022 Term


Opinions of the Court

NANCE V. WARD, No. 21 – 439

Cert. granted: January 142022
Argument: April 252022
Decided: June 232022

In a 5 – 4 deci­sion, the Supreme Court over­turned the dis­missal of death-row pris­on­er Michael Nance’s law­suit regard­ing Georgia’s use of lethal injec­tion to execute him.

Georgia law spec­i­fies that pris­on­ers will be exe­cut­ed only by lethal injec­tion. Because of med­ical con­di­tions that have com­pro­mised his veins, prison author­i­ties told Nance that the exe­cu­tion team would have to cut his neck” to estab­lish an intra­venous exe­cu­tion line. Nance filed a civ­il rights suit seek­ing to enjoin his exe­cu­tion by lethal injec­tion, alleg­ing that Georgia’s exe­cu­tion process would be tor­tur­ous” and would con­sti­tute cru­el and unusu­al pun­ish­ment in vio­la­tion of the Eighth Amendment. To com­ply with U.S. Supreme Court caselaw requir­ing pris­on­ers to offer an alter­na­tive method for their own exe­cu­tion before courts will eval­u­ate the con­sti­tu­tion­al­i­ty of the state’s cho­sen method, Nance pro­posed that he be exe­cut­ed by firing squad.

The Eleventh Circuit ruled that because Georgia did not autho­rize exe­cu­tion by fir­ing squad, his chal­lenge to lethal injec­tion was effec­tive­ly an attack on whether he could be exe­cut­ed at all. The court held both that Nance had been required to raise his claim via a habeas cor­pus peti­tion and that the claim was not enti­tled to review under the rules apply­ing to suc­ces­sive peti­tions. The deci­sion cre­at­ed a split among the cir­cuit courts, with the Eleventh Circuit say­ing that pris­on­ers who offer an alter­na­tive exe­cu­tion method that is not autho­rized by state law must file their exe­cu­tion chal­lenge via a habeas cor­pus peti­tion and the U.S. Court of Appeals for the Sixth Circuit hold­ing that an exe­cu­tion-method chal­lenge must be brought via a civ­il rights suit, even where a pris­on­er asserts that all meth­ods of exe­cu­tion autho­rized under state law are unconstitutional.

In a major­i­ty opin­ion writ­ten by Justice Elena Kagan, the Supreme Court reject­ed the Eleventh Circuit’s inter­pre­ta­tion of the law. Justice Kagan reviewed the Court’s recent prece­dent that requires pris­on­ers to make a show­ing of the fea­si­bil­i­ty of the pro­posed alter­na­tive method. Justice Kagan found that if Nance’s pro­pos­al requires a state law change, the request­ed relief still places his exe­cu­tion in Georgia’s con­trol. Assuming it wants to car­ry out the death sen­tence, the State can enact leg­is­la­tion approv­ing what a court has found to be a fair­ly easy-to-employ method of execution.”

Justice Kagan not­ed that suc­cess­ful fed­er­al civ­il rights law­suits often require changes in state law, and law­suits brought by pris­on­ers are no excep­tion. She empha­sized that the ordi­nary and expect­ed out­come of many a mer­i­to­ri­ous §1983 suit is to declare unen­force­able (whether on its face or as applied) a state statute as cur­rent­ly writ­ten.” This would be true in a vari­ety of cas­es brought by pris­on­ers, rang­ing from claims of prison over­crowd­ing to chal­lenges to a state’s exclu­sion of spir­i­tu­al advis­er from the exe­cu­tion cham­ber. According to Justice Kagan, no one would think an action of that kind should go to habeas if the prison pol­i­cy chal­lenged (say, each facility’s max­i­mum pop­u­la­tion) were spec­i­fied in a statute or regulation.”

Justice Kagan also con­sid­ered the results of con­sign­ing claims such as Nance’s to fed­er­al habeas peti­tions. Because of the dif­fer­ences in state laws gov­ern­ing exe­cu­tions, pris­on­ers in dif­fer­ent states with the exact same claim would have rad­i­cal­ly dif­fer­ent avenues for fed­er­al review, and the via­bil­i­ty of the claim … would depend on the vagaries of state law.” Such an inter­pre­ta­tion of the law would also under­mine the Court’s pro­nounce­ment in the 2019 case Bucklew v. Precythe that death row pris­on­ers could pro­pose alter­na­tive meth­ods not present­ly autho­rized” under state law.

Justice Amy Coney Barrett, joined by Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, dis­sent­ed. The dis­senters argued that if Nance’s fed­er­al civ­il rights suit suc­ceed­ed, Georgia cor­rec­tions offi­cials will be pow­er­less to car­ry out his sen­tence” with­out a change in state law. As a result, the dis­senters argued, the chal­lenge would only be appro­pri­ate­ly raised in fed­er­al habeas corpus proceedings.

For more infor­ma­tion about the case, view the U.S. Supreme Court dock­et here.


SHOOP V. TWYFORD, No. 21 – 511

Cert. granted: January 142022
Argued: April 262022
Decided: June 212022

The Supreme Court reversed fed­er­al court rul­ings grant­i­ng death-row pris­on­er Raymond Twyford’s request for a court order direct­ing the prison to trans­port him to a hos­pi­tal for neu­ro­log­i­cal test­ing that could pro­vide evi­dence to sup­port his fed­er­al habeas corpus petition. 

In fed­er­al habeas cor­pus pro­ceed­ings, Twyford’s attor­neys argued that his tri­al coun­sel failed to inves­ti­gate and devel­op evi­dence of his neu­ro­log­i­cal impair­ments aris­ing from Twyford’s his­to­ry of vic­tim­iza­tion, drug use, and head trau­ma. A vic­tim of severe abuse, includ­ing rape, dur­ing his child­hood, Twyford attempt­ed sui­cide at age 13. He sur­vived the gun­shot wound, but 20 bul­let frag­ments remain lodged in his brain. 

Twyford’s lawyers sought a neu­ro­log­i­cal eval­u­a­tion to sup­port a num­ber of claims in his fed­er­al habeas cor­pus peti­tion relat­ed to his men­tal com­pe­tence and the inef­fec­tive assis­tance of his tri­al coun­sel. After an ini­tial exam­i­na­tion, a neu­rol­o­gist retained by the defense rec­om­mend­ed Twyford under­go addi­tion­al test­ing and brain imag­ing that could not be per­formed in the prison. Twyford sought and was grant­ed a dis­trict court order direct­ing the prison to transport him. 

The prison argued that the court did not have juris­dic­tion to order the trans­port under the fed­er­al All Writs Act, which pro­vides fed­er­al courts the author­i­ty to issue all writs nec­es­sary or appro­pri­ate in aid of their respec­tive juris­dic­tions and agree­able to the usages and prin­ci­ples of law.” The state also object­ed to per­mit­ting Twyford to devel­op new facts in fed­er­al court, argu­ing that he should be lim­it­ed to the state court record. 

The U.S. Court of Appeals for the Sixth Circuit affirmed the dis­trict court’s order, hold­ing that the All Writs Act empow­ered the court to order the state to trans­port a habeas peti­tion­er for med­ical imag­ing in aid of its habeas juris­dic­tion.” The appeals court found that the court’s trans­port order was con­sis­tent with con­gres­sion­al intent to pro­vide resources nec­es­sary for coun­sel for cap­i­tal habeas petitioners.

Chief Justice Roberts, writ­ing for a 5‑justice major­i­ty, did not reach the state’s argu­ment about whether the All Writs Act allowed a trans­porta­tion order in habeas pro­ceed­ings. Instead, the major­i­ty held that the courts below erred by fail­ing to con­sid­er whether the test­ing would lead to admis­si­ble evi­dence. Although Twyford alleged that the test­ing could sup­port his habeas claims, the Court held that a trans­porta­tion order was inap­pro­pri­ate with­out a spe­cif­ic show­ing that the evi­dence would be admis­si­ble despite AEDPA’s restric­tions on the con­sid­er­a­tion of new evidence.

Justices Elena Kagan and Sonia Sotomayor joined a dis­sent­ing opin­ion writ­ten by Justice Stephen Breyer. Justice Breyer argued that the major­i­ty’s deci­sion was pre­ma­ture because the Sixth Circuit did not have juris­dic­tion over the state’s appeal. Justice Breyer argued that the trans­porta­tion order was not a final deci­sion” and did not fall in the nar­row cat­e­go­ry of orders that can be appealed before a case is decid­ed. Therefore, Justice Breyer con­clud­ed that the state need­ed to wait until Twyford’s habeas cor­pus peti­tion was dis­posed before appealing.

Justice Neil Gorsuch dis­sent­ed sep­a­rate­ly. He argued that the juris­dic­tion­al issue was not the focus of the Court’s grant of cer­tio­rari review and that the Court should have dis­missed this case as improv­i­dent­ly grant­ed when the juris­dic­tion­al com­pli­ca­tion became apparent.” 

For more infor­ma­tion about the case, view the U.S. Supreme Court dock­et here.


SHINN V. MARTINEZ RAMIREZ, No. 20 – 1009

Cert. granted: May 172021
Argument: December 82021
Decided: May 232022

In a 6 – 3 deci­sion authored by Justice Clarence Thomas, the Supreme Court over­turned rul­ings in favor of Arizona death-row pris­on­ers Barry Jones and David Martinez Ramirez that had allowed the con­sid­er­a­tion of evi­dence that was unde­vel­oped in state court due to ineffective representation.

Jones and Ramirez had both alleged that they had been pro­vid­ed a suc­ces­sion of inef­fec­tive lawyers who failed to ade­quate­ly present crit­i­cal legal issues: Jones’ evi­dence of inno­cence and Ramirez’s evi­dence of intel­lec­tu­al dis­abil­i­ty and oth­er men­tal health prob­lems. After pro­vid­ing the men inef­fec­tive rep­re­sen­ta­tion at tri­al, they say, Arizona also pro­vid­ed them inef­fec­tive state post­con­vic­tion lawyers who failed to chal­lenge tri­al counsel’s defi­cient per­for­mance. In both cas­es, the cru­cial evi­dence to estab­lish their counsel’s inef­fec­tive­ness could not have been pre­sent­ed until they reached fed­er­al court and were pro­vid­ed com­pe­tent rep­re­sen­ta­tion in their fed­er­al habeas corpus proceedings.

Jones had been con­vict­ed and sen­tenced to death on charges that he had sex­u­al­ly assault­ed and phys­i­cal­ly abused a four-year-old girl, caus­ing her death. With the evi­dence Jones’ fed­er­al lawyers pre­sent­ed in his habeas cor­pus evi­den­tiary hear­ing, Chief Judge Timothy Burgess of the U.S. District Court for the District of Arizona held that both Jones tri­al coun­sel and his state post-con­vic­tion coun­sel had failed to inves­ti­gate evi­dence that showed that the girl sus­tained the injuries on a dif­fer­ent day than the pros­e­cu­tion had claimed, at a time in which Jones could not have inflict­ed them, and that oth­er foren­sic evi­dence pre­sent­ed by the pros­e­cu­tion was false. The dis­trict court grant­ed Jones a new tri­al and a three-judge pan­el of the U.S. Court of Appeals for the Ninth Circuit unan­i­mous­ly affirmed that ruling.

In Ramirez’s case, the fed­er­al dis­trict court ruled that he was barred from pre­sent­ing a claim that his tri­al coun­sel, who had nev­er tried a cap­i­tal case before, had been inef­fec­tive, fail[ing] to present or pur­sue evi­dence of Ramirez’s intel­lec­tu­al dis­abil­i­ty, fail[ing] to pro­vide rel­e­vant and poten­tial­ly mit­i­gat­ing evi­dence to the psy­chol­o­gist who eval­u­at­ed Ramirez,” and then rely­ing on the psychologist’s report, even though she had evi­dence in her pos­ses­sion indi­cat­ing his dis­abil­i­ties were sub­stan­tial­ly worse. Finding that post-con­vic­tion coun­sel had failed to raise a sub­stan­tial claim of inef­fec­tive assis­tance of tri­al coun­sel,” a pan­el of the Ninth Circuit reversed and direct­ed the dis­trict court to con­duct an evi­den­tiary hear­ing to per­mit Ramirez to fur­ther devel­op the facts.

Writing for the Court in Shinn v. Martinez Ramirez, Justice Thomas ruled that the fed­er­al court’s con­sid­er­a­tion of new evi­dence vio­lat­ed the fed­er­al statute gov­ern­ing habeas cor­pus pro­ceed­ings. As a gen­er­al rule, fed­er­al habeas cor­pus law requires a state pris­on­er to raise an issue in state court before he or she may obtain review of the claim in fed­er­al court. However, in 2012, the U.S. Supreme Court ruled in Martinez v. Ryan — anoth­er Arizona case — that state pris­on­ers could nev­er­the­less chal­lenge the inef­fec­tive­ness of their tri­al coun­sel in fed­er­al habeas cor­pus pro­ceed­ings if they had been denied the oppor­tu­ni­ty to do so in state court because of inef­fec­tive post-conviction representation. 

The Shinn v. Martinez Ramirez major­i­ty held that this Martinez excep­tion did not allow for new evi­dence to be pre­sent­ed in fed­er­al habeas pro­ceed­ings. The opin­ion acknowl­edged that with­out pre­sent­ing new evi­dence, most pris­on­ers with inef­fec­tive tri­al and post-con­vic­tion lawyers will not be able to receive fed­er­al habeas relief, even for mer­i­to­ri­ous claims. The major­i­ty saw this out­come as jus­ti­fied by Congress’ intent to lim­it the avail­abil­i­ty of fed­er­al habeas cor­pus relief in pass­ing the 1996 Anti-Terrorism and Effective Death Penalty Act.

Justice Sonia Sotomayor dis­sent­ed in an opin­ion joined by Justices Stephen Breyer and Elena Kagan. Justice Sotomayor argued that the major­i­ty opin­ion ham­strings the fed­er­al courts’ author­i­ty to safe­guard” the right to coun­sel. In a strong­ly word­ed opin­ion, Justice Sotomayor crit­i­cized the major­i­ty’s statu­to­ry inter­pre­ta­tion and dis­re­gard of precedent: 

This deci­sion is per­verse. It is illog­i­cal: It makes no sense to excuse a habeas petitioner’s counsel’s fail­ure to raise a claim alto­geth­er because of inef­fec­tive assis­tance in post-con­vic­tion pro­ceed­ings … but to fault the same peti­tion­er for that post­con­vic­tion counsel’s fail­ure to devel­op evi­dence in sup­port of the tri­al-inef­fec­tive­ness claim. In so doing, the Court guts Martinez’s and Trevino’s core rea­son­ing. The Court also arro­gates pow­er from Congress…

For more infor­ma­tion about the case, view the U.S. Supreme Court dock­et here.


UNITED STATES V. TSARNAEV, No. 20 – 443

Cert. granted: March 222021
Argument: October 132021
Decided: March 42022

On March 4, 2022, the Court over­ruled the deci­sion of a unan­i­mous pan­el of the U.S. Court of Appeals for the First Circuit over­turn­ing Dzhokhar Tsarnaev’s death sen­tences for the Boston Marathon bombing. 

The First Circuit had ruled that Tsarnaev’s death sen­tence vio­lat­ed the core promise of our crim­i­nal-jus­tice sys­tem … that even the very worst among us deserves to be fair­ly tried and law­ful­ly pun­ished.” The pan­el found that the tri­al judge’s fail­ure to ques­tion 9 of the 12 seat­ed jurors about what they had read and heard about the bomb­ing required that Tsarnaev’s death sen­tence be reversed. The pan­el also held that the tri­al court had improp­er­ly barred Tsarnaev from pre­sent­ing evi­dence that his old­er broth­er, Tamerlan had com­mit­ted a pri­or triple mur­der, say­ing the rul­ing had uncon­sti­tu­tion­al­ly pre­vent­ed Tsarnaev from devel­op­ing mit­i­gat­ing evi­dence that he was less cul­pa­ble than Tamerlan and had act­ed under his brother’s domineering influence.

In her opin­ion for the cir­cuit pan­el, Judge O. Rogeriee Thompson wrote that “[a] core promise of our crim­i­nal jus­tice sys­tem is that even the very worst among us deserves to be fair­ly tried and law­ful­ly pun­ished. Despite a dili­gent effort, the judge here did not meet th[at] stan­dard.” The tri­al court had relied on jurors’ self-dec­la­ra­tions of impar­tial­i­ty,” Thompson wrote, but some jurors admit­ted before tri­al that they already believed Tsarnaev was guilty. The jury foreper­son with­held dozens of social media posts relat­ed to the bomb­ing, includ­ing one that called Tsarnaev a piece of garbage.”

In a 6 – 3 deci­sion, the Supreme Court over­ruled the appel­late court’s deci­sion in an opin­ion authored by Justice Clarence Thomas. The Court held that the tri­al court did not abuse its broad dis­cre­tion by declin­ing to ask about the con­tent and extent of each juror’s media con­sump­tion regard­ing the bomb­ings.” The Court found that the tri­al court’s jury selec­tion process did not vio­late Tsarnaev’s con­sti­tu­tion­al right to a fair tri­al, and that the appel­late court could not use its super­vi­so­ry pow­ers to require a more thorough process. 

On the mit­i­ga­tion issue, the Supreme Court found that Tsarnaev’s tri­al judge appro­pri­ate­ly exclud­ed evi­dence of Tamerlan’s role in a pre­vi­ous triple homi­cide. The Court held that the tri­al judge rea­son­ably found that the evi­dence would con­fuse the jury.

Justice Amy Coney Barrett wrote a con­cur­ring opin­ion joined by Justice Neil Gorsuch in which Justice Barrett not­ed her skep­ti­cism of appel­late courts hav­ing any super­vi­so­ry pow­ers at all.

Justice Stephen Breyer dis­sent­ed from the Court’s opin­ion. Justices Sonia Sotomayor and Elana Kagan joined the dis­sent except for the por­tion of the opin­ion express­ing Justice Breyer’s over­all objec­tions to the impo­si­tion of the death penalty. 


RAMIREZ V. COLLIER, No. 21 – 5592

Cert. granted: September 82021
Argument: November 12021
Decided: March 242022

On March 24, 2022, the Supreme Court reversed low­er court orders that had denied John Henry Ramirez’s request for a pre­lim­i­nary injunc­tion pro­hibit­ing Texas from exe­cut­ing him unless it allows his pas­tor to lay hands” on him and pray over” him dur­ing the exe­cu­tion. The Court made clear that its deci­sion only pro­hib­it­ed such an exe­cu­tion pend­ing full con­sid­er­a­tion of [Ramirez’s] claims on a complete record.”

Prior to his sched­uled exe­cu­tion, Ramirez request­ed that his pas­tor lay hands on him and pray over him dur­ing his exe­cu­tion. When this request was denied by the Texas Department of Criminal Justice, Ramirez filed suit in fed­er­al court, argu­ing that Texas intend­ed to vio­late his First Amendment right to free exer­cise of reli­gion and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). A Texas fed­er­al dis­trict court denied Ramirez’s request for a pre­lim­i­nary injunc­tion, and the U.S. Court of Appeals for the Fifth Circuit affirmed. 

In an order released short­ly after 9:45 p.m. Eastern time on September 8, 2021, near­ly three hours after Ramirez’s exe­cu­tion was sched­uled to begin, the Supreme Court halt­ed Texas’ planned exe­cu­tion of Ramirez and agreed to review his claim. It was the fourth time since 2019 that the Court had stayed an exe­cu­tion based on a dis­pute over the exer­cise of reli­gion in the death cham­ber, but the first time it had sched­uled any of those cas­es for full brief­ing and argu­ment. The court had not grant­ed stays of exe­cu­tion for any oth­er rea­sons dur­ing that time period.

After full brief­ing and oral argu­ment, Chief Justice Roberts reversed the Fifth Circuit’s denial of Ramirez’s request for a pre­lim­i­nary injunc­tion. The major­i­ty opin­ion was joined by seven Justices. 

Texas argued that Ramirez’s claim should fail because he did not appro­pri­ate­ly exhaust admin­is­tra­tive reme­dies. The Court reject­ed this argu­ment, find­ing that Ramirez had fol­lowed Texas’ griev­ance pro­ce­dure and that his request for the pas­tor to pray over” him suf­fi­cient­ly put the prison on notice that he want­ed the pas­tor to audi­bly (and not silent­ly) pray dur­ing the exe­cu­tion. The Court also held that Ramirez’s griev­ance was timely filed.

The Court held that Ramirez was like­ly to suc­ceed in show­ing that Texas sub­stan­tial­ly bur­dened the exer­cise of his sin­cere­ly held reli­gious beliefs. In doing so, the Court did not hold Ramirez’s ear­li­er law­suit ask­ing for the pres­ence of his pas­tor in the exe­cu­tion cham­ber against him. Though the ear­li­er com­plaint stat­ed that Ramirez was not request­ing that the pas­tor touch him dur­ing the exe­cu­tion, Ramirez argued that this was an error that would have been reme­died in an amend­ed com­plaint. The Court accept­ed this argu­ment, not­ing that the case was vol­un­tar­i­ly dis­missed just a week after the com­plaint was filed when Texas with­drew Ramirez’s death war­rant. As a result, there was no oppor­tu­ni­ty to amend.

The Court then con­sid­ered whether Texas’ ban on audi­ble prayer and touch in the exe­cu­tion cham­ber was the least restric­tive means of fur­ther­ing [a] com­pelling gov­ern­ment inter­est.” The Court rec­og­nized that there is a rich his­to­ry of cler­i­cal prayer at the time of a prisoner’s exe­cu­tion, dat­ing back well before the found­ing of our Nation.” The Court also not­ed that until recent­ly Texas had per­mit­ted audi­ble prayer and phys­i­cal touch in the execution chamber.

In light of this his­to­ry, the Court found that Texas had pro­vid­ed weak argu­ments that a ban on audi­ble prayer and touch­ing was the least restric­tive method to pre­serve the safe­ty and solem­ni­ty of the exe­cu­tion cham­ber. The Court not­ed that through sim­ple reg­u­la­tions com­mu­ni­cat­ed in advance of the exe­cu­tion, Texas could address its safe­ty and secu­ri­ty con­cerns. As a result, the major­i­ty con­clud­ed that Ramirez would like­ly pre­vail on the mer­its of his RLUIPA claim and that the oth­er pre­lim­i­nary injunc­tion fac­tors justify relief.

Though join­ing the major­i­ty opin­ion, Justices Sonia Sotomayor and Brett Kavanaugh wrote sep­a­rate con­cur­ring opin­ions. Justice Sotomayor empha­sized the respon­si­bil­i­ty of prison admin­is­tra­tors to pro­vide time­ly notice of exe­cu­tion pro­ce­dures and to decide on exe­cu­tion-relat­ed requests in time for con­demned pris­on­ers to chal­lenge such deci­sions. She not­ed that Ramirez had not been time­ly noti­fied of Texas’ restric­tions on spir­i­tu­al advi­sors and that Texas took 39 days to resolve Ramirez’s ini­tial griev­ance. Justice Sotomayor con­clud­ed that pris­on­ers should not be penal­ized for delays attrib­ut­able to prison administrators.”

Justice Kavanaugh focused on the his­to­ry of the Court’s han­dling of exe­cu­tion-relat­ed reli­gious rights cas­es, the impor­tance of con­sid­er­ing juris­dic­tions’ pri­or prac­tice in assess­ing Ramirez’s claim, and guid­ance for the states. He sug­gest­ed that to avoid per­sis­tent future lit­i­ga­tion and the accom­pa­ny­ing delays, it may behoove States to try to accom­mo­date an inmate’s time­ly and rea­son­able requests about a reli­gious advisor’s pres­ence and activ­i­ties in the exe­cu­tion room if the States can do so with­out mean­ing­ful­ly sac­ri­fic­ing their com­pelling inter­ests in safe­ty, secu­ri­ty, and solemnity.”

Justice Clarence Thomas filed a lone dis­sent, stat­ing his belief that Ramirez not only failed to sat­is­fy his bur­den by fail­ing to prop­er­ly exhaust his admin­is­tra­tive claims, but also only aimed to con­tin­ue to delay his execution.


Cases Pending at the Close of the Term

REED V. GOERTZ, No. 21 – 442

Cert. granted: April 252022

The Supreme Court agreed to review Rodney Reed’s chal­lenge of a fed­er­al appel­late court deci­sion about the tim­ing of a chal­lenge to Texas’ denial of DNA testing.

Reed sought DNA test­ing of crime-scene evi­dence that he argues could sup­port his inno­cence claim. A Texas tri­al court denied the motion for DNA test­ing in 2014, and Reed appealed the rul­ing to the Texas Court of Criminal Appeals (TCCA). The TCCA ini­tial­ly remand­ed the case to the tri­al court and even­tu­al­ly affirmed the tri­al court’s deci­sion in 2017. In 2019, Reed filed suit in fed­er­al court to chal­lenge the denial of test­ing under fed­er­al civ­il rights statute 42 U.S.C. § 1983.

A Texas fed­er­al dis­trict court dis­missed Reed’s suit because it found that he had failed to state a con­sti­tu­tion­al claim. The U.S. Court of Appeals for the Fifth Circuit affirmed the dis­missal of Reed’s suit but for dif­fer­ent rea­sons than relied upon by the court below. The Fifth Circuit found that Reed’s 1983 suit was untime­ly because Reed had 2 years from the Texas tri­al court’s denial of his DNA test­ing motion to bring the case. The Court held that since Reed was chal­leng­ing the con­sti­tu­tion­al­i­ty of Texas’ DNA test­ing statute, the 2‑year clock began run­ning when his motion was first denied. 

At the U.S. Supreme Court, Reed is argu­ing that the Fifth Circuit has mis­in­ter­pret­ed the law in cal­cu­lat­ing the 2‑year lim­i­ta­tions peri­od. Reed argues that his 1983 suit was time­ly filed because he brought the case with­in two years of the TCCA’s final deci­sion on his DNA claim. 

The ques­tion pre­sent­ed in Reed’s peti­tion for certiorari is:

[W]het­her the statute of lim­i­ta­tions for a § 1983 claim seek­ing DNA test­ing of crime-scene evi­dence begins to run at the end of state-court lit­igation deny­ing DNA test­ing, includ­ing any appeals (as the Eleventh Circuit has held), or whether it begins to run at the moment the state tri­al court denies DNA test­ing, despite any sub­se­quent appeal (as the Fifth Circuit, join­ing the Seventh Circuit, held
below)

For more infor­ma­tion about the case, view the U.S. Supreme Court dock­et here.


CRUZ V. ARIZONA, No. 21 – 846

Cert. granted: March 282022

The Supreme Court has agreed to review John Montenegro Cruz’s chal­lenge to Arizona’s denial of post-con­vic­tion relief based on the tri­al court’s fail­ure to instruct the jury about Cruz’s parole ineligibility.

In 1994, the Supreme Court held in Simmons v. South Carolina that when future dan­ger­ous­ness is at issue in a cap­i­tal case, a defen­dant has a due process right to inform jurors that he will not be parole eli­gi­ble if he is not sen­tenced to death. Despite Simmons, the Arizona Supreme Court con­sis­tent­ly ruled that Arizona cap­i­tal defen­dants were not enti­tled to a jury instruc­tion about defen­dants’ parole inel­i­gi­bil­i­ty. The court rea­soned that all defen­dants could receive exec­u­tive clemen­cy, so there was still a pos­si­bil­i­ty of release for parole inel­i­gi­ble pris­on­ers. In 2016, the U.S. Supreme Court rec­og­nized the uncon­sti­tu­tion­al­i­ty of Arizona’s past prac­tice, sum­mar­i­ly revers­ing an Arizona Supreme Court deci­sion. In Lynch v. Arizona, the Court made clear that just like the defen­dant in Simmons, Arizona defen­dants con­vict­ed of cap­i­tal offens­es were inel­i­gi­ble for parole under state law.”

Cruz was sen­tenced to death in 2005. The state chal­lenged Cruz’s expert wit­ness who tes­ti­fied that Cruz was unlike­ly to be dan­ger­ous in a prison envi­ron­ment. The tri­al court denied Cruz’s requests to instruct the jury that he was parole inel­i­gi­ble and his request to have the chair­man of the Arizona Board of Executive Clemency tes­ti­fy that he was parole inel­i­gi­ble. Instead, the court instruct­ed the jury that the alter­na­tive to a death sen­tence was sen­tenc­ing Cruz to “[l]ife impris­on­ment with a pos­si­bil­i­ty of parole or release from impris­on­ment” after 25 years. Jurors were not instruct­ed that Arizona law exclud­ed from parole eli­gi­bil­i­ty those who were sen­tenced to 25 years to life after 1994. After sen­tenc­ing Cruz to death, the foreper­son of the jury stat­ed that a life with­out parole option would have made a dif­fer­ence. The foreper­son said: Many of us would rather have vot­ed for life if there was one mit­i­gat­ing cir­cum­stance that war­rant­ed it. In our minds there wasn’t. We were not giv­en an option to vote for life in prison with­out the pos­si­bil­i­ty of parole.”

Cruz raised the issue on direct appeal, but the Arizona Supreme Court decid­ed that Simmons did not apply. After the U.S. Supreme Court’s 2016 Lynch deci­sion, Cruz sought state post-con­vic­tion relief. Cruz argued that he was enti­tled to relief based on fed­er­al prin­ci­ples about when a case is applied retroac­tive­ly and based on Arizona’s Rule of Criminal Procedure 32.1(g) that allows post-con­vic­tion relief when there has been a sig­nif­i­cant change in the law that, if applic­a­ble to the defendant’s case, would prob­a­bly over­turn the defendant’s judg­ment or sen­tence.” The Arizona Supreme Court denied post-con­vic­tion relief, rely­ing on Rule 32.1(g) and not address­ing Cruz’s fed­er­al retroactivity arguments.

On March 28, 2022, the U.S. Supreme Court grant­ed cer­tio­rari review, refram­ing Cruz’s pro­posed ques­tion pre­sent­ed to the following:

Whether the Arizona Supreme Court’s hold­ing that Arizona Rule of Criminal Procedure 32.1(g) pre­clud­ed post-con­vic­tion relief is an ade­quate and inde­pen­dent state-law ground for the judgment.

For more infor­ma­tion about the case, view the U.S. Supreme Court dock­et here.


Orders of the Court and Related Items

On April 21, the Court denied Carl Wayne Buntion’s appli­ca­tion for a stay of exe­cu­tion. Buntion was exe­cut­ed lat­er the same day. Buntion argued in the stay motion that his 31-year stay on death row was attrib­ut­able to Texas’ unwill­ing­ness to pro­vide him with a con­sti­tu­tion­al sen­tenc­ing. Buntion was first sen­tenced to death in 1991 and chal­lenged defects in jurors’ con­sid­er­a­tion of mit­i­gat­ing evi­dence. After his sen­tence was vacat­ed in 2009, he was resen­tenced in 2012 after much poten­tial mit­i­gat­ing evi­dence had been destroyed or become unavail­able. No dis­sents were not­ed from the Court’s denial of Buntion’s stay application.


A divid­ed U.S. Supreme Court vot­ed 5 – 4 on January 27, 2022 to allow Alabama to exe­cute Matthew Reeves, vacat­ing an injunc­tion issued by a fed­er­al dis­trict court and unan­i­mous­ly upheld by a pan­el of the U.S. Court of Appeals for the Eleventh Circuit. 

Reeves’ lawyers alleged that he would have opt­ed for exe­cu­tion by nitro­gen gas and that Alabama’s fail­ure to offer him accom­mo­da­tions for his intel­lec­tu­al dis­abil­i­ty vio­lat­ed his rights under the Americans with Disabilities Act (ADA). After review­ing thou­sands of pages of doc­u­ments and con­duct­ing a sev­en-hour hear­ing that includ­ed tes­ti­mo­ny from prison offi­cials and a defense men­tal health expert, the dis­trict court con­clud­ed that Reeves had demon­strat­ed a sub­stan­tial like­li­hood that he would suc­ceed on his ADA claim. The court issued a pre­lim­i­nary injunc­tion bar­ring the state from exe­cut­ing [Reeves] by any method oth­er than nitro­gen hypox­ia before his [ADA] claim can be decid­ed on its mer­its.” On appeal, a three-judge pan­el of the Eleventh Circuit unan­i­mous­ly agreed. In a deci­sion ren­dered 1½ hours after the exe­cu­tion was sched­uled to begin, the Court vacat­ed the injunction.

Justice Elena Kagan, in a dis­sent joined by Justices Stephen Breyer and Sonia Sotomayor, wrote: Four judges on two courts have decid­ed — after exten­sive record devel­op­ment, brief­ing, and argu­ment — that Matthew Reeves’s exe­cu­tion should not pro­ceed as sched­uled tonight. The law demands that we give their con­clu­sions def­er­ence. But the Court today dis­re­gards the well-sup­port­ed find­ings made below, con­sign­ing Reeves to a method of exe­cu­tion he would not have cho­sen if prop­er­ly informed of the alter­na­tives.” Justice Amy Coney Barrett sep­a­rate­ly dis­sent­ed without opinion.


Notable Denials of Review

On June 21, 2022, the Supreme Court declined to review the U.S. Court of Appeals for the Sixth Circuit’s grant of relief to Ohio pris­on­er August Cassano. In fed­er­al habeas cor­pus pro­ceed­ings, Cassano had argued that the tri­al court vio­lat­ed his right to rep­re­sent him­self. After a fed­er­al dis­trict court reject­ed the claim, the Sixth Circuit reversed, effec­tive­ly vacat­ing Cassano’s con­vic­tion and death sen­tence. Ohio request­ed a stay of the rul­ing and peti­tioned for cer­tio­rari review. The stay was grant­ed until the Supreme Court decid­ed whether to review the case, but the Court ulti­mate­ly denied the state’s request for review. Justice Clarence Thomas dis­sent­ed, argu­ing that the Sixth Circuit did not grant suf­fi­cient def­er­ence to Ohio court deci­sions reject­ing Cassano’s self-representation claims.


On February 28, 2022, the Court denied cer­tio­rari review in the case of Rodney Young, a Georgia death-row pris­on­er who chal­lenged the bur­den of proof Georgia has imposed upon defen­dants seek­ing to estab­lish their inel­i­gi­bil­i­ty for the death penal­ty because of intel­lec­tu­al dis­abil­i­ty. Georgia requires that cap­i­tal defen­dants and death-row pris­on­ers prove beyond a rea­son­able doubt” that they are intel­lec­tu­al­ly dis­abled. Young argues that Georgia’s law vio­lates both the Court’s rul­ing in Atkins v. Virginia and his Fourteenth Amendment right to due process. Noting that the beyond a rea­son­able doubt” stan­dard is not imposed on the defen­dant in any oth­er con­sti­tu­tion­al rights claim, Young argued that Georgia is an extreme out­lier … not only with respect to Atkins claims, but with respect to all of con­sti­tu­tion­al law.” In four friend-of-the-court briefs filed in late December 2021, two for­mer U.S. solic­i­tors gen­er­al, eight for­mer pros­e­cu­tors and judges, sev­en lead­ing dis­abil­i­ty rights orga­ni­za­tions, schol­ars, and experts in intel­lec­tu­al dis­abil­i­ty, and a group of con­ser­v­a­tive legal reform advo­cates all urged the Court to rule in Young’s favor.


On October 4, 2021, the Court denied Carl Wayne Buntion’s peti­tion for cer­tio­rari. In his peti­tion, Buntion argued that his exe­cu­tion after 30 years on Texas’ death row would vio­late the Eighth Amendment because it would not advance ret­ri­bu­tion nor deter­rence, the peno­log­i­cal pur­pos­es that are sup­posed to jus­ti­fy the death penal­ty. Buntion also argued that Texas’ use of the death penal­ty is inher­ent­ly arbi­trary. In a state­ment respect­ing the denial of cer­tio­rari, Justice Stephen Breyer wrote that a prisoner’s exces­sive time on death row under­mines the death penalty’s peno­log­i­cal ratio­nale” and is in and of itself … espe­cial­ly cru­el because it sub­jects death row inmates to decades of espe­cial­ly severe, dehu­man­iz­ing con­di­tions of confinement.’”