United States Fifth Circuit

Dismissal of a death row inmate's suit seeking injunctive relief pursuant to 42 U.S.C. section 1983 is affirmed and his motion for a stay of execution is denied where defendant failed to provide a reasonable justification for his delay in bringing his Eight Amendment challenge to a method of execution.

Appellate Information

• Decided 02/14/2006
• Published 02/16/2006

Judges

• BENAVIDES, Circuit Judge:, Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Franklin Ray Mickelsen, Jr., F. Clinton Broden, Broden & Mickelsen, Dallas, TX, for Smith.


• For Appellees:
  
• Kelli L. Weaver, Austin, TX, for Defendants-Appellees.