Arkansas inmates who had been set for execution in a series of double executions this month said Sunday that a federal appeals court should take up their claim that the compressed timetable would violate "evolving standards of decency".
Court orders have stopped Arkansas from executing eight men by lethal injection in 11 days, ruling that one of the drugs used could result in the killings being cruel and unusual punishment.
Later Saturday, Rutledge also asked the 8th U.S. Circuit Court of Appeals to reverse the blanket stay on executions ordered by Judge Baker, arguing that the case should have been dismissed because the challenge over midazolam had already been addressed in previous court cases.
Pulaski County Circuit Judge Wendell Griffen, who protested the death penalty Friday at the Governor's Mansion, issued the order and set a hearing for Tuesday morning.
An Arkansas judge has temporarily blocked six executions from taking place after the company that manufactured the drugs to be used in the executions filed a complaint that the drug was not meant to be used for lethal injection. Justices on Friday, April, April 14,2017, issued a stay in the execution of Bruce Ward, one of seven inmates the state plans to put to death before the end of the month.
In a friend of the court brief filed Thursday, appended to a lawsuit by the inmates aimed at halting the executions, the companies said they sell the drugs to wholesale distributors that agree to distribute only to hospitals and medical facilities.
Both say they object to their drugs being used for capital punishment and have put strict controls on their supplies to prevent this.
The state was still moving forward with plans to conduct the Monday night executions in the event that all stays were lifted, with Davis being served his last meal of fried chicken, rolls, beans, mashed potatoes and strawberry cake. The inmates wanted stays of execution while the U.S. Supreme Court takes up a separate case concerning access to independent mental health experts by defendants.
United Airlines changes policy following backlash over violently dragging off man
Dao wants the world to know that they are very appreciative of the outpouring of prayers, concern and support they have received". The attempt by Congress to set airline passenger protections might have some resistance from the airline industry.
A federal appeals court has cleared one legal obstacle Arkansas faces in its plan to execute several inmates.
"To protect the integrity of the judicial system this court has a duty to ensure that all are given a fair and impartial tribunal", the court said in its two-page order. The U.S. high court is set to hold oral arguments in that case April 24. It's the second time in seven years that Davis has come within hours of execution before courts intervened.
The U.S. Supreme Court could be asked to tackle a number of questions before the end of the day and, depending on those answers, Ward could walk to the death chamber at Varner for a 7 p.m. execution.
KATV, citing anonymous officials, reports that death row inmate Don Davis has been transferred to the unit where the state's Department of Correction was preparing to carry out executions. According to the Arkansas Department of Correction, Davis chose fried chicken, rolls, great northern beans, mashed potatoes and strawberry cake.
This followed Friday's legal developments including a temporary restraining order issued on the drugs used during the executions. McKesson claimed Arkansas improperly used medical credentials to obtain the vecuronium bromide and wants the product returned. The companies did not disclose which of their drugs Arkansas will use during the executions.
On Saturday, a federal judge granted a preliminary injunction requested by the inmates to block the executions, ruling that there is a significant possibility that the men could successfully challenge the state's execution protocol.
The Rev. Stephen Copley, chairman of the Coalition to Abolish the Death Penalty, said he was surprised by Friday's ruling, and though he remained hopeful, he also approached the news with a measure of caution. Three justices of the state's high court dissented from the stays in two written opinions.
Comments