CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, November 3, 2018

Next week's criminal law/procedure argument

Issue summary is from ScotusBlog, which also links to papers:

  • Bucklew v. Precythe: (1) Whether a court evaluating an as-applied challenge to a state’s method of execution based on an inmate’s rare and severe medical condition should assume that medical personnel are competent to manage his condition and that procedure will go as intended; (2) whether evidence comparing a state’s method of execution with an alternative proposed by an inmate must be offered via a single witness, or whether a court at summary judgment must look to the record as a whole to determine whether a factfinder could conclude that the two methods significantly differ in the risks they pose to the inmate; (3) whether the Eighth Amendment requires an inmate to prove an adequate alternative method of execution when raising an as-applied challenge to the state’s proposed method of execution based on his rare and severe medical condition; and (4) whether petitioner Russell Bucklew met his burden under Glossip v. Gross to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the state’s method of execution.

https://lawprofessors.typepad.com/crimprof_blog/2018/11/next-weeks-criminal-lawprocedure-argument.html

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