July 12, 2007
Bizarro execution week
The headlines of the two most recent posts at Capital Defense Weekly — Stay: Texas and South Dakota Kills — highlight what a strange death penalty week it has been: before yesterday, South Dakota had not had an execution in 60 years, whereas Texas executed four other defendants just last month.
July 12, 2007 at 01:15 PM | Permalink
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The Texas stay was absolutely wrong. The defense filed its motion with the federal district court on July 9, one day before the planned execution. Equity should have dictated that the execution be carried out.
Posted by: federalist | Jul 12, 2007 2:25:23 PM
Maybe you mean comity?
Posted by: Gray Proctor | Jul 12, 2007 7:47:18 PM
No. Equity. The granting of a stay is an equitable remedy. Filing the day before an execution date should basically bar any possible stays, at least by federal courts.
Posted by: federalist | Jul 12, 2007 9:05:11 PM