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Emergency application · Capital case

Execution stay for innocence claim

In Re Blaine Milam

Denied
No. 25A335Stay applicationFiled by a prisoner facing executionPresented to Justice Alito

What did the Court do?

The Court denied the request on September 25, 2025 and refused to halt the execution.

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

Filed Ruled 2 days after filing

What's being asked

Blaine Milam, a prisoner under a death sentence, asked the Supreme Court to pause his execution while it considered his challenge to his conviction. He was convicted of capital murder in the death of his then-fiancée’s 13-month-old daughter. Milam argues he is innocent and that trial evidence, including bite-mark and DNA testimony, was unreliable.

What the Court did

The Court refused to pause Milam’s execution and denied (rejected) his request for a stay (a temporary pause). It also denied (rejected) his habeas petition, a prisoner’s challenge to being locked up; the order gives no reasons. 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 89 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 2 days after filing.

What it means

The emergency stay ruling did not decide whether Milam was innocent, although the Court also denied his habeas petition without explanation. The record identifies no lower court or related case on the main question, and lists no argument date.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A335. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026