Supreme Court of the United States, 2018

Irick v. Tennessee

Irick v. Tennessee
Supreme Court of the United States · Decided August 9, 2018
139 S. Ct. 1; 201 L. Ed. 2d 1118 (Supreme Court Reporter)

Counsel

The application for stay of execution of sentence of death presented to Justice KAGAN and by her referred to the Court is denied., Justice SOTOMAYOR, dissenting from the denial of the application for stay., Tonight the State of Tennessee intends to execute Billy Ray Irick using a procedure that he contends will amount to excruciating torture. During a recent 10-day trial in the state court, medical experts explained in painstaking detail how the three-drug cocktail Tennessee plans to inject into Irick's veins will cause him to experience sensations of drowning, suffocating, and being burned alive from the inside out. Abdur'Rahman v. Parker , No. 18-183-II(III) (Ch. Ct. Davidson Cty., Tenn., July 26, 2018), p. 21, and n. 7 (generally crediting the testimony of plaintiffs' experts); Application for Stay of Execution 8-11 (summarizing that testimony); see also Arthur v. Dunn , 580 U.S. ----, ----, 137 S.Ct. 725, 725-726, 197 L.Ed.2d 225 (2017) (SOTOMAYOR, J., dissenting from denial of certiorari). The entire process will last at least 10 minutes, and perhaps as many as 18, before the third drug (potassium chloride) finally induces fatal cardiac arrest. No. 18-183-II(III), at 25-26. Meanwhile, as a result of the second drug (vecuronium bromide ), Irick will be "entirely paralyzed, unable to move or scream." Arthur , 580 U.S., at ----, 137 S.Ct., at 726 (opinion of SOTOMAYOR, J.)., But Irick may well be aware of what is happening to him. In theory, the first drug in the three-drug protocol, midazolam, is supposed to render a person unable to feel pain during an execution. But the medical experts who testified here explained that midazolam would not work, and the trial court credited that testimony. Application for Stay of Execution 8-11; No. 18-183-II(III), at 21; see also Arthur , 580 U.S., at ---- - ----, 137 S.Ct., at 726-727 (opinion of SOTOMAYOR, J.) (describing similar evidence in that case). If the drug indeed fails, the consequences for Irick will be extreme: Although the midazolam may *2temporarily render Irick unconscious, the onset of pain and suffocation will rouse him. And it may do so just as the paralysis sets in, too late for him to alert bystanders that his execution has gone horribly (if predictably) wrong., But the Tennessee Supreme Court did not find any such likelihood and declined to postpone Irick's execution to allow appellate review of his claims. Id., at 3-5. The court instead effectively let stand the trial court's order, which held that Irick's extensive and persuasive evidence describing the ordeal that awaits him raised no constitutional concerns. The trial court offered two independent reasons for its holding: first, that Irick had not proven that another, *3less painful method of killing him was available to the State; and second, even assuming Irick had proven a readily available alternative, that this Court would not consider the painful ordeal that Irick faces sufficiently torturous to violate the Eighth Amendment. No. 18-183-II(III), at 9, 21-22. Thereafter, the Tennessee Supreme Court refused to postpone Irick's execution on the ground that he was unlikely to succeed in disturbing the trial court's no-available-alternative holding on appeal. No. M1987-00131-SC-DPE-DD, at 4. The court did not directly address the trial court's second rationale, but implied that it agreed. See id., at 5., In Glossip v. Gross , 576 U.S. ----, 135 S.Ct. 2726, 192 L.Ed.2d 761, this Court did impose the "perverse requirement that inmates offer alternative methods for their own executions." McGehee v. Hutchinson , 581 U.S. ----, ----, 137 S.Ct. 1275, 1276, 197 L.Ed.2d 746 (2017) (SOTOMAYOR, J., dissenting from denial of application for stay and denial of certiorari). Without the trial court record before me, I cannot say definitively that the Tennessee courts are wrong that Irick failed to carry that burden. But Irick's contentions raise serious questions about the courts' conclusion., If Irick did fail to plead and prove at least one available alternative, this case further illustrates the error of this Court's "macabre challenge" to condemned prisoners that they must propose an alternative method for their own executions. Arthur , 580 U.S., at ----, 137 S.Ct., at 725 (opinion of SOTOMAYOR, J.). But given the life-or-death stakes of determining whether the trial court erred in concluding that Irick failed to prove an alternative means of execution, and because Irick makes a nonfrivolous contention that the trial court did so err, see No. M1987-00131-SC-DPE-DD (Lee, J., dissenting), at 4-6, I would grant the stay to allow the state courts more time to consider Irick's claims. See Barefoot v. Estelle , 463 U.S. 880, 895, 103 S.Ct. 3383, 77 L.Ed.2d 1090 (1983).

Irick v. Tennessee

Opinion of the Court

If it turns out upon more sober appellate review that this case presents the question, I would grant certiorari to decide the important question whether the Constitution truly tolerates executions carried out by such quite possibly torturous means.

* * *

In refusing to grant Irick a stay, the Court today turns a blind eye to a proven likelihood that the State of Tennessee is on the verge of inflicting several minutes of torturous pain on an inmate in its custody, while shrouding his suffering behind a veneer of paralysis. I cannot in good conscience join in this "rush to execute" without first seeking every assurance that our precedent permits such a result. No. M1987-00131-SC-DPE-DD (Lee, J., dissenting), at 1. If the law permits this execution to go forward in spite of the horrific final minutes that Irick may well experience, then we have stopped being a civilized nation and accepted barbarism. I dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.