Her office filed a request at the US Supreme Court asking the court to vacate the stay of execution the Arkansas Supreme Court granted to Davis – which Davis’ lawyers quickly opposed.
Earlier, the state high court’s 4-3 decision was a response to a plea for the state to avoid executing Davis until the U.S. Supreme Court issued a decision in a pending case. The woman was killed in her home after Davis broke in and shot her with a.44-caliber revolver he found there.
Federal and state courts have stayed the executions of two other inmates along with Davis. In 2010 he came within hours of death. “While this has been an exhausting day for all involved, tomorrow we will continue to fight back on last minute appeals and efforts to block justice for the victims’ families”. In their argument in favor of the stay, lawyers for Davis and Ward wrote that both men “have been denied this right”.
The Unites States Supreme Court early Tuesday rejected the state of Arkansas’ request to execute the first prisoner in a tight schedule of eight death sentences before the end of the month.
Another stay is in place for Ward, whose attorneys say he is too mentally ill to be executed. On Monday, the top state court in Arkansas declined to lift a stay of execution for the prisoner on the grounds that he has a long history of mental illness, making it hard for the state to go ahead with a judicial killing. The typical dose is up to.1 mg/kg intravenously, or 8.5 mg for the typical inmate set to die this month. That order remains in place.
After not executing anyone since 2005, Arkansas had scheduled eight executions in 10 days, starting April 17, Easter Monday.
Capital punishment in several states has been stymied by opposition of some global drug companies to the use of their products for executions and difficulties in finding effective replacements.
Rutledge noted that there are five upcoming executions “with nothing preventing them from occurring”.
“What Governor Hutchinson is faced with is really an extraordinary situation”, said Jim Guy Tucker, who, as a Democratic governor of Arkansas in the 1990s, oversaw seven executions.
Arkansas’ attorney general has also asked the state Supreme Court to reconsider the stay it granted one inmate over questions about his mental health.
Arkansas enacted a law two years ago keeping secret the source of its lethal injection drugs, a move officials said was necessary to find new supplies.
Writing in a dissent, Associate Justice Shawn Womack lamented the court’s ruling. As of Monday evening, that stay remained. They filed a separate petition for stays on Monday with the U.S. Supreme Court over a procedural matter.
Arkansas’ supply of one key execution drug expires April 30. Griffen participated in an anti-death penalty demonstration after issuing the ruling Friday. The State Supreme Court also referred Griffen to the Arkansas Judicial Discipline and Disability Commission.
Griffen did not immediately return a message Monday seeking his reaction to the high court’s order.
Bruce Ward – convicted of murder of 18-year-old petrol station clerk Rebecca Doss in 1989.
The state of Arkansas was forced late Monday to abandon its plan to carry out its first execution in more than a decade after a pair of court defeats.
In a statement, assistant federal defender Scott Braden praised the ruling. Ward’s attorneys have argued he is a diagnosed schizophrenic with no rational understanding of his impending execution. But the appeals court said the use of the method of execution, which includes the drug, midazolam, did not create undue severe pain. With a 500 mg dose listed in the state’s execution protocol, Arkansas expects that the inmates will not be aware they are dying.
Marcel Williams argues that his execution could be especially painful because he is obese and has diabetes. Johnson’s attorneys appealed immediately. The U.S. Supreme Court later declined to overturn that ruling.
Arkansas is fighting on multiple legal fronts to begin a series of double-executions.
The state judge’s decision, reached Friday, was based on how Arkansas acquired another drug – vecuronium bromide, which is used in anesthesia as well as executions.