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Emergency application · Capital case

Execution stay over innocence claims

In Re Tony Von Carruthers

Denied
No. 25A1294Stay applicationFiled by a prisoner facing executionPresented to Justice Kavanaugh

What did the Court do?

The Court denied the request on May 21, 2026 and refused to halt the execution.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 1 day after filing

What's being asked

Tony Von Carruthers, a death-row prisoner, asked the Supreme Court to temporarily pause his scheduled execution. He sought a pause while the Court considered his habeas petition (a prisoner’s challenge to being locked up). He says prosecutorial misconduct and new facts undermine his conviction and death sentence.

What the Court did

The Court refused to pause Carruthers’s execution (denied his request for a stay, a temporary pause). It also rejected (denied) his habeas petition, a prisoner’s challenge to being locked up. The Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 82 rulings on capital applications decided without a response came 2 to 5 days after filing, and the median was 3 days; this one was ruled on 1 day after filing.

What it means

The stay denial itself did not resolve his claims, but the Court also denied his habeas petition. The record identifies no lower-court proceeding, related merits case, or argument date.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A1294. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026