Free Newsletter
Constitutional Law : Execution Method – Eighth Amendment – Brain Defect
Stephanie Maniscalco//September 11, 2018
Constitutional Law : Execution Method – Eighth Amendment – Brain Defect
Stephanie Maniscalco//September 11, 2018
Where an inmate sentenced to death challenged the constitutionality of the state’s method of execution as applied to him, the complaint included a plausible allegation that the execution would cause him to suffer a violent seizure and severe pain due to the inmate’s brain defect, so the judgment is reversed and remanded.
Judgment is reversed and remanded.
Johnson v. Precythe (MLW No. 72047/Case No. 17-2222 – 11 pages) (U.S. Court of Appeal, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Western District of Missouri, Kays, J. (Jeremy Sean Weis, Kansas City, Missouri, argued for appellant; William Brian Gaddy appeared on the brief) (Gregory Michael Goodwin, Jefferson City, argued for appellee).
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
