Case Status
3 results
NELSON, DAVID L. v. CAMPBELL, COMM’R, AL DOC, ET AL. (41770)
Order dated: 10/09/03Docket number: 03-6821
Action:
The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
NELSON, DAVID L. v. CAMPBELL, COMM’R, AL DOC, ET AL. (41770)
Order dated: 12/01/03Docket number: 03-6821
Action:
The motion of Alabama Physicians, Laurie Dill, et al. for leave to file a brief as amici curiae is granted. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following Question: Whether a complaint brought under 42 U.S.C. Sec. 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. Sec. 2254? CERTIORARI DENIED
NELSON, DAVID L. v. CAMPBELL, COMM’R, AL DOC, ET AL. (41770)
Order dated: 01/12/04Docket number: 03-6821
Action:
The motion of petitioner for appointment of counsel is granted. Michael K. McIntyre, Esquire, of Atlanta, Georgia is appointed to serve as counsel for the petitioner in this case.
A description of the questions presented by the case has been prepared:
Whether a complaint brought under 42 U.S.C. Sec. 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. Sec. 2254?
An opinion has been handed down: