Hill v. McDonough (2005)

Docket
05-8794
Decided
2005-01-01

Summary

Question: Is a prisoner's challenge to a particular form of execution - but not to the execution sentence itself - the practical equivalent of a federal habeas corpus petition and therefore barred if the prisoner has already sought habeas review? Conclusion: No. In a unanimous decision authored by Justice Anthony Kennedy, the Supreme Court held that challenging the form of execution was fundamentally different from challenging the lawfulness of a conviction or sentence, the traditional purposes of a habeas corpus appeal. This finding was supported by the fact that Hill conceded other forms of execution would be constitutional, and that Florida state law does not require the particular form of execution at issue in this case. "Under these circumstances," Justice Kennedy wrote, "a grant of injunctive relief could not be seen as barring the execution of Hill's sentence."

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