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No. 20-5243October Term 2020Decided Oct 5, 2020

Docket 20-5243October Term 2020 (2020–2021)

Henness v. DeWine

This pending case asks whether Ohio may use hanging as a method of execution under the Eighth Amendment.

Case status

Current stage
Decided
Latest event
Decision released Oct 5, 2020
Case Accepted
Arguments
Decision ReleasedOct 5, 2020
What it's about

This pending case asks whether Ohio may use hanging as a method of execution under the Eighth Amendment. The dispute focuses on whether the pain associated with hanging must be judged on its own or compared with available alternative execution methods under the Supreme Court’s decision in Bucklew v. Precythe.

Question presented

Whether the Eighth Amendment categorically permits the degree of pain caused by hanging — includ- ing sensations of drowning and suffocation — or whether, as this Court held in Bucklew v. Precythe, 139 S. Ct. 1112, 1126 (2019), “[d]istinguishing between constitutionally permissible and impermissible de- grees of pain . . . is a necessarily comparative exercise” that requires examining viable alternative methods of execution.

Case path

United States Court of Appeals for the Sixth Circuit / Decision released Oct 5, 2020

Area

Decided Supreme Court case

Timing

Decided October 5, 2020

The Court released its decision on October 5, 2020 without hearing oral argument.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Jul 2, 2026
Primary materials7
Context reporting2