OT2015Journal

TUESDAY, NOVEMBER 3, 2015
Oral Arguments
233
No. 14–8358. Avondale Lockhart, Petitioner v. United States. Argued
by Mr. Edward S. Zas for the petitioner and by Ms. Ann O’Connell
for the respondent.
No. 14–1096. Jorge Luna Torres, Petitioner v. Loretta E. Lynch,
Attorney General. Argued by Mr. Matthew L. Guadagno for the petitioner
and by Ms. Elaine J. Goldenberg for the respondent.
Adjourned until Wednesday, November 4, 2015, at 10 o’clock.
Order in Pending Case
No. 15A473. Ernest Lee Johnson, Applicant v. George A. Lombardi,
et al. The application for stay of execution of sentence of death presented
to Justice Alito and by him referred to the Court is treated
as an application for stay pending appeal in the Eighth Circuit. The
application is granted pending the disposition of petitioner’s appeal.
Petitioner’s complaint alleges that Missouri’s method of execution violates
the Eighth Amendment as applied to a person with his particular
medical condition. A supporting affidavit by a medical expert states
that “[a]s a result of Mr. Johnson’s brain tumor, brain defect, and brain
scar, a substantial risk of serious harm will occur during his execution
as a result of a violent seizure that may be induced by [the] Pentobarbital
injection.” Because petitioner’s complaint was dismissed for failure
to state a claim, the State was not required to submit any evidence
refuting this allegation. In the currently pending appeal, the Court of
Appeals will be required to decide whether petitioner’s complaint was
properly dismissed for failure to state a claim or whether the case
should have been permitted to progress to the summary judgment
stage.
Order in Pending Case
No. 15A478. Ernest Lee Johnson, Applicant v. Cindy Griffith, Warden.
Application for stay of execution of sentence of death presented
to Justice Alito and by him referred to the Court denied.