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No. 18-8332October Term 2018Decided May 13, 2019

Docket 18-8332October Term 2018 (2018–2019)

Abu-Ali Abdur'Rahman, et al., Petitioners v. Tony Parker, Commissioner, Tennessee Department of Corrections, et al.

The Supreme Court chose not to take the case, so it did not answer the prisoners' due process question.

Case status

Current stage
Decided
Latest event
Decision released May 13, 2019
Case Accepted
Arguments
Decision ReleasedMay 13, 2019
What it's about

from the Supreme Court of Tennessee, Middle Division.

Question presented

Does a state deprive condemned prisoners of due process when, to defeat a challenge to the state’s method of execution, state officials rely on and the state courts credit testimony regarding privileged communications that the prisoners could not effectively challenge through cross-examination or otherwise because they were barred from reviewing the privileged material and from access to the witnesses covered by the privilege?

Case path

Supreme Court of Tennessee, Middle Division / Decision released May 13, 2019

Area

Decided Supreme Court case

Briefing

What it's about

Death row prisoners in Tennessee asked the Supreme Court to review a due process challenge tied to the state's three-drug execution protocol. On May 13, 2019, the Court declined review and did not decide the merits, leaving the Tennessee Supreme Court's result in place.

Vote

The docket materials here show a petition for certiorari (the Court's decision to hear a case) was denied, but no vote breakdown or opinion lineup is provided.

Impact

That meant the prisoners did not get Supreme Court review of their claim that Tennessee courts relied on privileged evidence they could not meaningfully test. More broadly, inmates challenging an execution method still had to fight under the lower court ruling in this case.

What's next

The Supreme Court has finished with this docket action. The Tennessee ruling remains in effect unless future litigation changes the result in another case.

What was the main dispute in Abdur'Rahman v. Parker?

The prisoners said Tennessee courts relied on privileged communications in upholding the execution protocol. They argued that blocked fair cross-examination and denied due process.

What were the real-world consequences of the Supreme Court's action?

Because the Court declined review, the Tennessee decision stayed in place. That affected these prisoners and others challenging the state's three-drug execution method.

What happened next procedurally after the Supreme Court's action?

Nothing further happened in this Supreme Court docket. Any new challenge would have to come through separate litigation, not this denied petition.

Decision

Decision record

What the Court decided

The Supreme Court chose not to take the case, so it did not answer the prisoners' due process question.

Impact

That meant the prisoners did not get Supreme Court review of their claim that Tennessee courts relied on privileged evidence they could not meaningfully test. More broadly, inmates challenging an execution method still had to fight under the lower court ruling in this case.

Not official Court text.

Opinion documents