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September 20, 2006

Supreme Court denies stay in Hill

As Lyle Denniston reports here, a split Supreme Court this afternoon "refused to delay the execution in Florida of Clarence E. Hill, thus clearing the way for the state to carry out the sentence around 6 p.m. this evening.  The Court issued no opinion.  The brief order noted that Justices Stephen G. Breyer, Ruth Bader Ginsburg, David H. Souter and John Paul Stevens would have voted to grant a stay."

I am not surprised by this outcome, and I suspect it means Florida will finally get to execute Clarence Hill.  But, then again, it is not impossible to imagine some unexpected development over the next few hours.  I suspect Governor Jeb Bush and perhaps others could still decide to intervene.

Some recent related posts:

UPDATE:  Here is an AP report on the case.

ANOTHER UPDATE: Karl Keys at Capital Defense Weekly here highlights some "very odd news in juxtaposition" about lethal injection litigation.  On the same day that Clarence Hill was executed without his Eighth Amendment claim ever being heard on the merits, the Texas Court of Criminal Appeals ordered briefing on whether a claim that the state's "lethal-injection protocol violates the Eighth Amendment [is] cognizable under Article 11.071 of the Texas Code of Criminal Procedure?" 

The TDCJ Blog, which provides "information for Texas Correctional Officer," has more details about this Texas development here.

September 20, 2006 at 03:42 PM | Permalink

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Comments

Notably absent from the four is Kennedy. Is there any international law favoring hearing the case?

Posted by: | Sep 20, 2006 6:33:19 PM

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