In Dunn v. Borden, No. 7A360, the United States Supreme Court entered a short order vacating an injunction entered by the United States Court of Appeals for the Eleventh Circuit that had enjoined Mr. Borden’s execution until October 19, 2017, while he litigated a lethal injection claim. Three justices dissented. Mr. Borden is scheduled to be executed by lethal injection at 6 p.m. on Thursday, October 5.
Update: On October 5, 2017, Mr. Borden's execution was stayed by an Alabama District Court Judge, which the state of Alabama did not appeal, as reported here.
The circumstances surrounding the Supreme Court’s order are available at Howe On the Court, and by Keith Scheidegger here at Crime and Consequences. Defender Services provides training and program materials designed to assist Criminal Justice Act attorneys representing capital defendants through the Capital Defense Network.