Michael Nance v. Commissioner, Georgia DOC, et al
| MICHAEL WADE NANCE |
| TIMOTHY C. WARD, Commissioner, Georgia Department of Corrections, BENJAMIN FORD, Warden, Georgia Diagnostic and Classification Prison, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION PRISON and COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS |
| 20-11393 |
| April 13, 2020 |
| U.S. Court of Appeals, Eleventh Circuit |
| Prisoner-Civil Rights (US not def) |
Opinions
We have the following opinions for this case:
Docket Report
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This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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Filing 60
CJA appointment issued by this court to Attorney Anna Arceneaux for Appellant Michael Wade Nance. [Entered: 04/12/2023 11:57 AM]
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Filing 61
USDC order Granting appointment of counsel as to Appellant Michael Wade Nance was filed on 04/11/2023. Docket Entry 59. [Entered: 04/12/2023 12:11 PM]
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Filing 59
Mandate issued as to Appellant Michael Wade Nance. [Entered: 02/28/2023 10:17 AM]
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Filing 58
Judgment entered as to Appellant Michael Wade Nance. [Entered: 01/30/2023 05:11 PM]
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Filing 57
ORDER: Appellants motion for renewed oral argument is DENIED as MOOT. WHP (See attached order for complete text) [Entered: 01/30/2023 05:06 PM]
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Filing 56
Supreme Court Remand Opinion issued by court. Decision: Reversed in part/Affirmed in part and Remanded. Opinion type: Published. Opinion method: Signed. [Entered: 01/30/2023 04:58 PM]
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Filing 55
Supplemental Appellee's Letter Brief filed by Appellee Warden, Georgia Diagnostic and Classification Prison. [20-11393] (ECF: Clint Malcolm) [Entered: 09/23/2022 02:16 PM]
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Supplemental Appellant's Letter Brief filed by Appellant Michael Wade Nance. [20-11393] (ECF: Cory Isaacson) [Entered: 09/02/2022 06:43 PM]
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ORDER: Motion for renewed oral argument filed by Appellant Michael Wade Nance is CARRIED with the Case. [ # 9728107-2 ]; Motion for leave to file supplemental letter briefing filed by Appellant Michael Wade Nance is GRANTED. [ # 9728107-3 ]. The appellant must file his supplemental letter brief of no more than ten pages within twenty-one days of this order, and the appellee must file its supplemental letter brief of no more than ten pages within twenty-one days after service of the appellants supplemental letter brief. The parties are free to raise any argument appropriate at this stage on remand from the Supreme Court. WHP, KCN and BL (See attached order for complete text) [Entered: 08/12/2022 04:08 PM]
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MOTION to request or set oral argument.sets oral argument, to file a supplement brief filed by Michael Wade Nance. Opposition to Motion is Unknown. [9728107-1] [20-11393] (ECF: Cory Isaacson) [Entered: 08/02/2022 08:29 AM]
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APPEARANCE of Counsel Form filed by Matthew David Friedlander for Michael Wade Nance. [20-11393] (ECF: Matthew Friedlander) [Entered: 08/02/2022 01:07 PM]
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APPEARANCE of Counsel Form filed by Anna Arceneaux for Michael Wade Nance. [20-11393] (ECF: Anna Arceneaux) [Entered: 08/01/2022 01:04 PM]
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APPEARANCE of Counsel Form filed by Cory Isaacson for Michael Wade Nance. [20-11393] (ECF: Cory Isaacson) [Entered: 07/28/2022 05:34 PM]
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Opinion of U.S. Supreme Court received as to Appellant Michael Wade Nance. Reversed and Remanded. 21-439. [Entered: 06/28/2022 12:11 PM]
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Writ of Certiorari filed as to Appellant Michael Wade Nance is GRANTED. SC# 21-439. [Entered: 01/20/2022 01:04 PM]
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Checked status of certiorari 21-439 filed as to Appellant Michael Wade Nance - Pending. DISTRIBUTED for Conference of 1/7/2022. [Entered: 12/09/2021 10:44 AM]
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Notice of Writ of Certiorari filed as to Appellant Michael Wade Nance. SC# 21-439. [Entered: 09/23/2021 04:13 PM]
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Mandate issued as to Appellant Michael Wade Nance. [Entered: 04/29/2021 11:11 AM]
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ORDER: The order withholding the mandate in this appeal is VACATED. ENTERED FOR THE COURT - BY DIRECTION (See attached order for complete text) [Entered: 04/21/2021 09:57 AM]
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PUBLISHED ORDER: The Petition(s) for Rehearing are DENIED and the Court having been polled at the request of one of its members of the Court and a majority of the Circuit Judges in regular active service, the Petition(s) for Rehearing En Banc filed by Appellant Michael Wade Nance are DENIED. William Pryor joined by Newsom and Lagoa statement respecting the denial of petition for rehearing en banc; Wilson joined by Martin and Jordan dissenting. [9364450-1] [Entered: 04/20/2021 01:38 PM]
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Petition for rehearing en banc (with panel rehearing) filed by Appellant Michael Wade Nance. [20-11393] (ECF: Vanessa Carroll) [Entered: 12/23/2020 04:32 PM]
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ORDER: Motion to file excess words filed by Appellant Michael Wade Nance is GRANTED. [ # 9263339-2 ] WHP, BBM and BL (See attached order for complete text) [Entered: 12/21/2020 11:18 AM]
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TIME SENSITIVE MOTION for excess words/pages filed by Michael Wade Nance. Motion is Unopposed. [9263339-1] [20-11393] (ECF: Vanessa Carroll) [Entered: 12/17/2020 12:36 PM]
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ORDER: A judge of this Court withholds issuance of the mandate in this appeal. ENTERED FOR THE COURT - BY DIRECTION (See attached order for complete text) [Entered: 12/09/2020 08:37 AM]
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Judgment entered as to Appellant Michael Wade Nance. [Entered: 12/02/2020 02:32 PM]
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Opinion issued by court as to Appellant Michael Wade Nance. Decision: Vacated and Remanded. Opinion type: Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this link # http://www.ca11.uscourts.gov/opinions . [Entered: 12/02/2020 02:26 PM]
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Supplemental Authority filed by Appellant Michael Wade Nance. [20-11393] (ECF: Matthew Friedlander) [Entered: 10/21/2020 09:13 PM]
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Oral argument held Zoom Video Conference. Oral Argument participants were Matthew David Friedlander for Appellant Michael Wade Nance and Clint Christopher Malcolm for Appellees Warden, Georgia Diagnostic and Classification Prison and Commissioner, Georgia Department of Corrections. [Entered: 10/14/2020 04:09 PM]
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Attorney Matthew David Friedlander for Appellant Michael Wade Nance hereby acknowledges receipt of a copy of the printed calendar for 10/14/2020. Matthew Friedlander, 414-712-0282 will present argument. [20-11393] (ECF: Matthew Friedlander) [Entered: 10/07/2020 12:54 PM]
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Attorney Clint Christopher Malcolm for Appellees Commissioner, Georgia Department of Corrections and Warden, Georgia Diagnostic and Classification Prison hereby acknowledges receipt of a copy of the printed calendar for 10/14/2020. Clint Malcolm (404) 463-8784 will present argument. [20-11393] (ECF: Clint Malcolm) [Entered: 10/07/2020 12:37 PM]
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"Oral Argument Change" Notice to Counsel: Oral Argument scheduled for October 14, 2020, at 11:00 a.m. ET will be conducted by Zoom Videoconference.- **Revised Calendar attached**. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF. [Entered: 10/07/2020 10:51 AM]
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ORDER:The court directs counsel for the parties in this appeal to be prepared to address at oral argument the following two issues: 1. Lethal injection is the only method of execution authorized by Georgia law. But Nance alleges thatbecause of his unique medical situationthe Eighth Amendment requires the State to use an alternative method, the firing squad. He seeks an injunction that would foreclose the State from implementing his death sentence under its present law. Does his section 1983 claim amount to a challenge to the fact of his sentence itself that must be reconstrued as a habeas petition? See Bucklew v. Precythe, 139 S. Ct. 1112, 1128 (2019) (An inmate seeking to identify an alternative method of execution is not limited to choosing among those presently authorized by a particular States law. . . . [But] existing state law might be relevant to determining the proper procedural vehicle for the inmates claim.); Hill v. McDonough, 547 U.S. 573, 582 (2006) (If the relief sought would foreclose execution, recharacterizing a complaint as an action for habeas corpus might be proper.); Nelson v. Campbell, 541 U.S. 637, 644 (2004) (In a State . . . where the legislature has established lethal injection as the preferred method of execution, a constitutional challenge seeking to permanently enjoin the use of lethal injection may amount to a challenge to the fact of the sentence itself.). 2. If Nances claim is a habeas petition, is it second or successive? The Supreme Court has held that the bar on second or successive petitions does not apply to certain claims that become ripe after a prisoners first petition, but the scope of that holding is unclear. Compare Panetti v. Quarterman, 551 U.S. 938, 947 (2007) (The statutory bar on second or successive applications does not apply to a Ford claim brought in an application filed when the claim is first ripe.), with Tompkins v. Secy, Dept of Corr., 557 F.3d 1257, 1259 (11th Cir. 2009) ([T]he [Supreme] Court was careful to limit its holding in [Panetti] to Ford claims.), and Magwood v. Patterson, 561 U.S. 320, 351 (2010) (Kennedy, J., dissenting) ([T]he Court is limiting its new doctrine so it has no applicability to previously unexhausted Ford claims, confining the holding of Panetti to the facts of that case.).ENTERED FOR THE COURT - BY DIRECTION [Entered: 09/30/2020 01:23 PM]
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Calendar issued as to this case to be orally argued telephonically on Wednesday, October 14, 2020 at 11:00 a.m. EDT. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF. [Entered: 07/23/2020 12:11 PM]
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Attorney Matthew David Friedlander for Appellant Michael Wade Nance hereby acknowledges receipt of a copy of the printed calendar for 10/14/2020. Matt Friedlander, 404-817-8562 will present argument. [20-11393] (ECF: Matthew Friedlander) [Entered: 07/23/2020 01:59 PM]
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Telephonic Oral argument scheduled. Argument Date: Wednesday, 10/14/2020 at 11:00 a.m. (EDT) [Entered: 07/23/2020 11:36 AM]
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Attorney Clint Christopher Malcolm for Appellees Commissioner, Georgia Department of Corrections and Warden, Georgia Diagnostic and Classification Prison hereby acknowledges receipt of a copy of the printed calendar for 10/14/2020. Clint Malcolm (404) 463-8784 will present argument. [20-11393] (ECF: Clint Malcolm) [Entered: 07/23/2020 04:08 PM]
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Received paper copies of EBrief filed by Appellant Michael Wade Nance. [Entered: 07/21/2020 05:20 PM]
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Reply Brief filed by Appellant Michael Wade Nance. [20-11393] (ECF: Matthew Friedlander) [Entered: 07/16/2020 07:28 PM]
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Received paper copies of EBrief filed by Appellee Warden, Georgia Diagnostic and Classification Prison. [Entered: 07/02/2020 02:14 PM]
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**DOCKETED IN ERROR**Appellee's Brief filed by Appellee Warden, Georgia Diagnostic and Classification Prison. [20-11393]**Counsel advised this brief was filed incorrectly**--[Edited 06/29/2020 by DLT] (ECF: Clint Malcolm) [Entered: 06/25/2020 09:48 AM]
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Appellee's Brief filed by Appellee Warden, Georgia Diagnostic and Classification Prison. [20-11393] (ECF: Clint Malcolm) [Entered: 06/25/2020 10:56 AM]
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Received paper copies of EAppendix filed by Appellant Michael Wade Nance. 1 VOLUMES - 2 COPIES [Entered: 06/09/2020 12:21 PM]
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Appendix filed [1 VOLUMES] by Appellant Michael Wade Nance. [20-11393] (ECF: Matthew Friedlander) [Entered: 06/02/2020 12:57 PM]
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Received paper copies of EBrief filed by Appellant Michael Wade Nance. [Entered: 05/29/2020 10:54 AM]
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Appellant's brief filed by Michael Wade Nance. [20-11393] (ECF: Matthew Friedlander) [Entered: 05/26/2020 06:59 PM]
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Certificate of Interested Persons and Corporate Disclosure Statement filed by. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [20-11393] (ECF: Clint Malcolm) [Entered: 05/04/2020 12:25 PM]
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TRANSCRIPT INFORMATION form filed by Attorney Vanessa Judith Carroll for Appellant Michael Wade Nance. No hearings. [Entered: 04/29/2020 10:04 AM]
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Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Vanessa Judith Carroll for Appellant Michael Wade Nance. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [20-11393] (ECF: Vanessa Carroll) [Entered: 04/28/2020 11:00 AM]
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TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Vanessa Judith Carroll for Appellant Michael Wade Nance. No hearings. [20-11393] (ECF: Vanessa Carroll) [Entered: 04/28/2020 11:41 AM]
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NOTICE OF CIP FILING DEFICIENCY - ACTION REQUIRED by Matthew David Friedlander for Michael Wade Nance. You are receiving this notice because you have not completed the Certificate of Interested Persons (CIP) via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. [Entered: 04/28/2020 09:40 AM]
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APPEARANCE of Counsel Form filed by Cory Isaacson for Michael Wade Nance [20-11393] (ECF: Cory Isaacson) [Entered: 04/20/2020 04:14 PM]
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APPEARANCE of Counsel Form filed by [20-11393] (ECF: Beth Burton) [Entered: 04/17/2020 11:39 AM]
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APPEARANCE of Counsel Form filed by [20-11393] (ECF: Sabrina Graham) [Entered: 04/17/2020 11:23 AM]
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APPEARANCE of Counsel Form filed by [20-11393] (ECF: Clint Malcolm) [Entered: 04/17/2020 11:21 AM]
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APPEARANCE of Counsel Form filed by Matthew D. Friedlander for Michael Wade Nance [20-11393] (ECF: Matthew Friedlander) [Entered: 04/17/2020 02:47 PM]
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APPEARANCE of Counsel Form filed by Laurie Webb Daniel for Michael Wade Nance [20-11393] (ECF: Matthew Friedlander) [Entered: 04/17/2020 02:48 PM]
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APPEARANCE of Counsel Form filed by Vanessa Judith Carroll for Michael Wade Nance. [20-11393] (ECF: Vanessa Carroll) [Entered: 04/17/2020 04:50 PM]
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APPEARANCE of Counsel Form filed by Anna Arceneaux for Michael Wade Nance. [20-11393] (ECF: Anna Arceneaux) [Entered: 04/17/2020 04:33 PM]
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CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Michael Wade Nance on 04/10/2020. Fee Status: Fee Paid. No hearings to be transcribed. The appellant's brief is due on or before 05/26/2020. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 04/27/2020 as to Appellant Michael Wade Nance. Awaiting Appellee's Certificate of Interested Persons due on or before 05/11/2020 as to Appelleed Benjamin Ford and Timothy C. Ward [Entered: 04/15/2020 07:54 PM]
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