from the United States Court of Appeals for the Eleventh Circuit
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JUDGMENT ISSUED.
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED. Opinion per curiam. (Detached Opinion). Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting. (Detached Opinion).
Application (17A330) granted by the Court. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application.
Reply of petitioner Keith Tharpe filed.
Application (17A330) referred to the Court.
Brief of respondent Eric Sellers, Warden in opposition filed.
Application (17A330) for a stay of execution of sentence of death, submitted to Justice Thomas.
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017)
Keith Tharpe, Petitioner, represented by Brian S. Kammer
Eric Sellers, Warden, Respondent, represented by Sabrina D. Graham