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November 8, 2007

Florida Supreme Court denies execution stay

Providing the Supreme Court with yet another opportunity to stay (or not stay) an execution while the Baze case is pending, the Florida Supreme Court yesterday denied a stay a defendant scheduled to be executed next week.  Here are details from this coverage in the Orlando Sentinel:

The Florida Supreme Court on Wednesday rejected another request to postpone the execution of Mark Dean Schwab, the child killer scheduled to die Nov. 15.  Justice Barbara J. Pariente wrote in an opinion issued in Tallahassee that it should be up to the U.S. Supreme Court to issue Schwab a stay if it intends to impose "a de facto moratorium on the death penalty."...

Although Pariente noted in the opinion that courts can't tell legislators what to do, she recommended they explore using other drugs that may carry "less risk of pain" for the condemned than the pancuronium bromide and potassium chloride now used.  Pancuronium bromide is used to stop an inmate's breathing, while potassium chloride stops the heart.

Two justices -- Harry Lee Anstead and Peggy Quince -- dissented from the majority of the court.  Anstead wrote that a stay "will result in no detriment to the state" because Florida would be free to execute inmates after the U.S. Supreme Court renders its decision in the Kentucky case.

Yesterday's Florida Supreme Court ruling can be accessed at this link.

November 8, 2007 at 09:35 AM | Permalink


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good for the majority. It would be nice to put to bed the canard that delays don't hurt the state. The state has a clear interest in enforcing in a timely fashion. It is long past time that justice should be done in this case.

The US Supreme Court has acted very irresponsibly with these stays, and it's high time the Justices explain their actions. They allowed a stay request filed 12 days before the execution date to succeed, when the LI claim could have been filed much much earlier. In so doing, they rewarded abusive litigation tactics on behalf of a convicted murderer.

Posted by: federalist | Nov 8, 2007 12:16:46 PM

"The US Supreme Court has acted very irresponsibly with these stays, and it's high time the Justices explain their actions"

They don't have to explain anything to you.

Posted by: S.cotus | Nov 9, 2007 3:09:02 PM

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