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Emergency application · Capital case

Mental fitness for execution

Dominick A. Occhicone v. Florida

Denied
No. 26A121Stay applicationFiled by a prisoner facing executionPresented to Justice ThomasFrom Supreme Court of Florida

What did the Court do?

The Court denied the request on July 28, 2026 and refused to halt the execution.

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

Filed Ruled 4 days after filing

What's being asked

Dominick Occhicone, a Florida prisoner under a death sentence, asked the U.S. Supreme Court to pause his execution. He sought Supreme Court review of a Florida Supreme Court decision. He argues that unresolved constitutional questions should be answered before Florida carries out his execution.

What the Court did

The Court refused to pause Occhicone’s execution, denying his request for a stay (a temporary pause). It also denied his petition for certiorari (a request for Supreme Court review), refusing to hear his case. The order does not decide the constitutional questions he raised. 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 4 days after filing.

What it means

An emergency ruling on a temporary pause does not decide the underlying constitutional questions. The Florida Supreme Court decision remains in place; the docket lists no related case on the main questions and no argument date.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A121. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026