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Thread: Michael Wayne Nance - Georgia Death Row

  1. #11
    Moderator Bobsicles's Avatar
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    Distributed for conference March 20, 2020.

    https://www.supremecourt.gov/search....c/19-6918.html
    Thank you for the adventure - Axol

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    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

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  2. #12
    Senior Member CnCP Legend Mastro Titta's Avatar
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    In today's orders, the United States Supreme Court DENIED Nance's petition for a writ of certiorari.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Numbers: (17-15361-P)
    Decision Date: April 30, 2019
    Rehearing Denied: July 11, 2019

    https://www.supremecourt.gov/orders/...20zor_m6io.pdf

  3. #13
    Administrator Aaron's Avatar
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    GA is probably more likely to execute during the pandemic than TX, but I'm willing to bet his pending lethal injection lawsuit would delay anyway. Raulerson will be the litmus test when he loses at SCOTUS next week.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  4. #14
    Administrator Moh's Avatar
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    On October 14, 2020, oral argument will be heard in Nance's successive appeal before the Eleventh Circuit.

    https://www.ca11.uscourts.gov/sites/...P%29_Nance.pdf

  5. #15
    Moderator Bobsicles's Avatar
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    On December 2, 2020, The Eleventh Circuit granted Nance’s appeal, ruling that Nance must file a habeas petition regarding whether Georgia’s lethal injection protocol violates the Eight Amendment.

    https://law.justia.com/cases/federal...020-12-02.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  6. #16
    Administrator Aaron's Avatar
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    It's a bit more complex than that, assuming I skimmed it properly. The majority of the panel, William Pryor (G.W. Bush) and Lagoa (Trump) ruled that Nance's claims were not cognizable as a Section 1983 Civil Rights claim, and should have been a habeas petition. The majority further said that this is a successive petition, that Nance required permission from the 11th Circuit to file it, that it does not meet the requirements necessary for a successive petition to be allowed, and ordered the District Court to dismiss Nance's appeal for lack of jurisdiction.

    Martin (Obama) dissented.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  7. #17
    Moderator Bobsicles's Avatar
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    En banc rehearing denied by the Eleventh Circuit.

    https://law.justia.com/cases/federal...021-04-20.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  8. #18
    Senior Member CnCP Legend Mike's Avatar
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    Court denies Georgia death-row inmate’s request for firing squad

    By Bill Rankin
    The Atlanta Journal-Constitution

    The federal appeals court in Atlanta on Tuesday refused to reconsider an earlier ruling that denied a death-row inmate’s request to die by firing squad.

    The request had been made by Michael Nance, who said his veins are so narrow that an attempted lethal injection execution could give him excruciating pain.

    Nance was sentenced to death by a Gwinnett County jury in 2002 for fatally shooting 43-year-old Gabor Balogh when he resisted giving up his car to Nance. Nance had just robbed the Tucker Federal Savings and Loan in Lilburn and was looking for a getaway car.

    By a 7-3 vote, the 11th U.S. Circuit Court of Appeals stood by its ruling in December, which said the court was barred from considering Nance’s request on procedural grounds.

    Tuesday’s ruling sparked a dissent from Judge Charles Wilson, who said the court should consider Nance’s claims, given his unique medical condition.

    “A prison medical technician told Nance that the execution team will have to ‘cut his neck’ to carry out lethal injection,” Wilson wrote. “During his execution, Nance will likely endure a prolonged and painful attempt to gain intravenous access.”

    Even if the execution team locates a vein, there is a substantial risk Nance’s vein will lose its structural integrity and “blow,” said Wilson, who was joined by Judges Beverly Martin and Adalberto Jordan. This will cause “intensely painful burning and a prolonged execution that will feel like death by suffocation.”

    Wilson noted that Nance is not seeking to avoid his execution.

    “He accepts his fate,” Wilson said. “He does not ask to be spared. Nance asks only that the method by which the state will take his life falls in line with his Eighth Amendment right to be free of cruel and unusual punishment.”

    In response, Chief Judge Bill Pryor, joined by Judges Kevin Newsom and Barbara Lagoa, said the court’s ruling is consistent with U.S. Supreme Court precedent.

    Nance had already exhausted all the appeals that Congress allows such inmates to pursue, Pryor said. “Federal courts do not have jurisdiction to provide the remedy for every right denied.”

    https://www.ajc.com/neighborhoods/gw...H6S5UZO2UFQAE/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  9. #19
    Administrator Aaron's Avatar
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    "He accepts his fate." No he doesn't. If he did he would stop fighting.

    "He's not trying to avoid execution." Yes he is. He is trying to get the only statutorily authorized method in GA declared unconstitutional for him, knowing full well that that the GA legislature won't pass legislation permitting alternate methods such as firing squad.

    Death row inmates don't litigate in good faith. End of story.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #20
    Senior Member Member GASMANDIRTY's Avatar
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    He has accepted his fate, I think its his girlfriend trying to pull a rabbit out of a hat. Just like Raulerson he's ready to go and be with his so call love Marcus Johnson. Sealey will be the one who pulls a trick. Whatley probably scared so badly he gone fake a illness. Its about to get serious in Georgia.

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