Nance v. Ward

Nance v. Ward (Docket 21–439) is a pending United States Supreme Court case related to death row inmates' as-applied challenges to methods of execution.

Nance v. Ward
Supreme Court of the United States
Argued April 25, 2022
Full case nameMichael Nance v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al.
Docket no.21-439
ArgumentOral argument
Questions presented
(1) Whether an inmate's as-applied method-of-execution challenge must be raised in a habeas petition instead of through a § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law; and
(2) Whether, if such a challenge must be raised in habeas, it constitutes a successive petition where the challenge would not have been ripe at the time of the inmate's first habeas petition.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett

Background

In December 1993, Michael Nance robbed a bank and committed murder during a carjacking. He was convicted and sentenced to death soon thereafter. In January 2020, Nance filed an as-applied challenge to Georgia's execution protocol under 42 U.S.C. § 1983, asserting its use of lethal injection would subject him to a level of pain that is unconstitutional under the Eighth Amendment to the United States Constitution. The district court dismissed Nance's claim on the basis that it was meritless and was untimely.

The United States Court of Appeals for the Eleventh Circuit found that Nance's request for a firing squad, which is not authorized by Georgia law, constituted an attack on his death sentence and thus had to be filed in the context of a writ of habeas corpus. Then, the court found the request was "second or successive," and vacated and remanded for the district court to dismiss for lack of jurisdiction. Judge Beverly B. Martin dissented. The court denied rehearing en banc over the dissent of Judge Charles R. Wilson, who was joined by two other judges. Nance filed a petition for a writ of certiorari.[1]

Supreme Court

Certiorari was granted in the case on January 14, 2022.

References
  1. Howe, Amy (January 14, 2022). "Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field". SCOTUSblog. Retrieved January 16, 2022.
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