More Executions (and other Court News)

Bryan Jennings

He was convicted to die for the rape and murder of a six-year-old girl in 1979. Breyer's dissent explains why it is wrong to execute him over forty-five years later. Others are glad "justice was finally done."

The Supreme Court on Wednesday (the day before the Florida execution), without comment, disposed of a final appeal. They argue due process concerns, particularly involving his right to counsel. 

Jennings was a veteran. A study determined they were overrepresented on death row. 

Tremane Wood [Commuted]

Tremane and his brother were involved in the robbery/murder of a nineteen-year-old in 2004. 

His brother admitted to the actual murder. Tremane was still guilty of felony murder. That was enough for a death sentence. The Oklahoma Pardon and Commutation Board voted 3-2 to recommend clemency. The choice is legally left to the governor.

The brother was sentenced to life imprisonment. Tremane's defense had issues, including his attorney drinking heavily (and maybe using cocaine) during the trial. Sounds like a possible Sixth Amendment issue.

Tremane's current lawyers dropped multiple final appeals, including raising due process and discrimination claims. Gorsuch was recused, the case coming out of Oklahoma, his former circuit. 

The second and third cases took twenty years. That is better than forty-five. It's still too long. This case is also the most troubling of the three. 

Only Jackson, without comment, dissented in a final appeal regarding the illegitimate withholding of evidence. It's somewhat moot -- though she still should have explained why -- since the governor (for only the second time) agreed with the board. 

He won't be executed. 

Stephen Bryant

The third execution (11/14 this time) scheduled this week took place in South Carolina. 

Bryant is being put to death for killing a man in his home. Investigators said he burned Willard "TJ" Tietjen's eyes with cigarettes after shooting him and painting "catch me if u can" on the wall with the victim's blood.

Prosecutors said he also shot and killed two other men he was giving rides to as they were relieving themselves on the side of the road during a few weeks that terrorized Sumter County in October 2004.

Claims of mitigation (brain damage) were rejected. SCOTUS rejected a petition (without comment) regarding the matter last month. 

He chose to be executed by a firing squad, which reportedly did not go off without a hitch each time it was used by South Carolina this year. 

By one early report, it went okay this time. 

Other Court News 

January Calendar 

The new year will bring some big oral arguments. 

Trump Deportation Horrors 

Sotomayor and Jackson, without comment, would have granted a stay regarding sending a seven-year-old girl and her mother back to Venezuela. The girl has lived in Texas for the last three years. 

One thing that showed up in a book of opinions by Judge Learned Hand is his strong concern about uprooting non-citizens from the U.S. who have spent a long time here. He saw it as a sort of punishment, quite appalling, and worked hard to find a reason to avoid it if reasonably possible. 

The lower court split 2-1 here. 

Jackson and SNAP 

The end of the shutdown ended a shadow docket dispute involving withholding SNAP funds. 

Still, starting Friday Night, Justice Jackson did the best should could to use her power as circuit justice to speed things along. She held strong to the end, opposing an extension of her "administrative stay," even though by then it was apparent the budget would be approved shortly. Good for you. 

Another Order 

Sotomayor provided an administrative stay to hold things up in a case to consider the matter. She provided a final ruling on Friday:

Order entered by Justice Sotomayor: Upon further consideration of the application of counsel for the applicant and response filed thereto, it is ordered that stay heretofore issued by Justice Sotomayor on November 5, 2025, is hereby vacated. Give [typo in the original] the Government's representation that it will not transfer the funds outside of the United States before the disposition of any petition for a writ of certiorari, the application for stay is denied.

SCOTUSblog summarized:

Issue: Whether the Supreme Court should pause enforcement of a judgment granting control of $40 million in funds from the estate of Ferdinand Marcos held in an account in New York to the Republic of the Philippines while Filipino human rights victims who won a $2 billion judgment against the estate appeal the judgment.

Note how Sotomayor briefly examined her ruling. That can be done for many a shadow docket ruling, though sometimes it might warrant a bit more.

For instance, there were two orders handed down in death penalty cases, one with a dissent, and neither provided any explanation. Not ideal. 

[The typo ("Give" for "Given") is on the docket page but not the entry on the orders page. SMH.]