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Wellons - SCOTUS Cert Petition

Wellons - SCOTUS Cert Petition

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Published by Chris Geidner
Georgia execution
Georgia execution

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Published by: Chris Geidner on Jun 17, 2014
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06/19/2014

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No. ___________ 
 In the Supreme Court of the United StatesOctober Term, 2013 ____________________________ M
ARCUS
A.
 
W
ELLONS
,
 Petitioner,
V
.B
RIAN
O
WENS
,
 
Commissioner, Georgia Department of Corrections,B
RUCE
C
HATMAN
,
 
Warden, Georgia Diagnostic and Classification Prison, andO
THER
U
 NKNOWN
E
MPLOYEES AND
A
GENTS
,
 
Georgia Department of Corrections,
 Respondents.
 _____________________________ 
On Petition for a Writ of Certiorari to the UnitedStates Court of Appeals for the Eleventh Circuit
 _____________________________ 
PETITION FOR A WRIT OF CERTIORARI
 _____________________________ Gerald W. King Jr. (Ga. Bar No. 140981)Mary Elizabeth Wells (Ga. Bar No. 747852)Jeffrey Lyn Ertel (Ga. Bar No. 249966)Law Office of M.E. WellsFederal Defender Program, Inc.623 Grant Street, SE101 Marietta Street, Suite 1500Atlanta, GA 30313Atlanta, GA 30303(404) 408-2180(404) 688-7530
Counsel of Record for Petitioner 
 
 
CAPITAL CASEQUESTIONS PRESENTED
Appellants refuse to disclose the provenance of the compounded drugs or thequalifications of the personnel who will administer them when executing Mr. Wellons bylethal injection this evening.1)Does Appellants refusal to disclose information necessary to determine whether their chosen method of execution will create a “substantial risk of significant harm” violateMr. Wellons’s rights pursuant to the Eighth and Fourteenth Amendments to theUnited States Constitution?2)Does Appellants refusal to disclose information necessary to determine whether their chosen method of execution will create a “substantial risk of significant harm”deprive him of due process of law and access to the courts in violation of Mr.Wellons’s rights pursuant to the Fifth and Fourteenth Amendments to the UnitedStates Constitution?3)Does Appellants refusal to allow access to information about a governmental proceeding of public interest and to which the public has traditionally had accessviolate Mr. Wellons’s rights pursuant to the First Amendment to the United StatesConstitution?i
 
MARCUS A. WELLONS petitions for a writ of certiorari to review the judgment of the United States Court of Appeals for the Eleventh Circuit.
OPINIONS BELOW
The decision of the United States District Court for the Northern District of Georgiadenying Mr. Wellons’s action pursuant to 42 U.S.C. § 1983,
Wellons v. Owens
,
 et al.
, CivilAction No. 1:14-CV-1827-WBH, appears as Exhibit 1 to this petition. The decision of theEleventh Circuit,
Wellons v. Owens
,
 et al.
, *, appears as Exhibit 2 to this petition.
JURISDICTION
The decision of the Eleventh Circuit was entered on June 17, 2014. Mr. Wellonsinvokes the jurisdiction of this Court pursuant to 28 U.S.C. § 1254.
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
Amendment I to the United States Constitution provides, in relevant part: “Congressshall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” U.S.
 
C
ONST
. art. I.Amendment V to the United States Constitution provides, in relevant part: “No person. . . shall be deprived of life, liberty, or property without due process of law . . . .” U.S.C
ONST
. art. V.Amendment VIII to the United States Constitution provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” U.S.C
ONST
. art. VIII.

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