Brooks v. Warden, No. 15-15732 (11th Cir. 2016)
Annotate this CaseAppellant, an Alabama death row inmate convicted of rape, burglary, and murder, challenged the district court's denial of his emergency motion to stay execution. Appellant also filed an emergency motion for a stay of execution. The court affirmed the trial court's denial of his motion for a stay where appellant had not shown a substantial likelihood of success on the merits of his Eighth Amendment claim because: (1) he failed to show an available and feasible alternative method of execution, as required by controlling case law; and (2) he failed to show that he brought this claim within the applicable two-year statute of limitations. The district court determined that the balance of equities weighed against granting a stay because appellant unreasonably delayed bringing his lawsuit until it was too late to resolve the merits of his claim without staying his execution. The court denied the emergency motion to stay.
The court issued a subsequent related opinion or order on December 7, 2016.
The court issued a subsequent related opinion or order on September 1, 2017.
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