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November 15, 2007

Eleventh Circuit green lights Florida execution; SCOTUS on deck

As explained in this 11-page per curiam order, an Eleventh Circuit panel this morning has vacated the stay of execution granted yesterday by a federal district judge to allow Florida to (try to) go forward with an execution scheduled for 6pm this evening.  Of course, this decision will surely be appealed to the Supreme Court (which has related papers before it, too), and I would predict the Justices keeping their de facto moratorium in place.  But, one never knows. 

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November 15, 2007 at 09:23 AM | Permalink

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Comments

Gotta love the last line of the opinion . . . . pointing out why the opinion was issued on the morning of the scheduled execution, namely because the defendant waited so long.

Posted by: federalist | Nov 15, 2007 9:52:16 AM

The 11th Circuit does not even mention the actual legal standard for granting stays of execution as expressed in Barefoot v. Estelle. That is the same standard by which the Supreme Court has been granting stays. Because this case is situated no differently, it follows that the standard is met, and quite obviously so. This is just another example of a federal appellate court ignoring law because of the identity of one of the litigants.

Posted by: DK | Nov 15, 2007 10:06:21 AM

Supremes granted stay.

Posted by: S.cotus | Nov 15, 2007 2:04:54 PM

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