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January 30, 2008

Is an Alabama execution possible this week after Eleventh Circuit lifts a stay?

It has been a long time since any lower court has generated serious execution news over the last three months as the Baze lethal injection de facto moratorium settled in.  However, as detailed in this brief AP piece from Alabama, a "federal appeals court has lifted a stay of execution for James Harvey Callahan, who is scheduled to be executed Thursday.  But it could be delayed again by the U.S. Supreme Court, which has not yet ruled on lethal injection."

The federal appeals court making the news is the Eleventh Circuit, which just released this split panel opinion in which the majority explains that "in light of the fact Callahan’s complaint was filed more than two years beyond the limitations period, the district court abused its discretion by entering a stay of execution."  The opinion is an interesting read, and there is little doubt that additional litigation developments will follow soon.  Stay tuned.

UPDATE:  Over at SCOTUSblog, Lyle Denniston has this new post about this Alabama litigation.  Here is how that post begins:

Three weeks after the Supreme Court held a hearing on constitutional issues surrounding the lethal injection method of execution for murder, the Justices are expected to be asked later Wednesday whether to keep intact an informal but functional bar to such executions until a ruling is issued in the test case.  Alabama legal sources said that attorneys for James Callahan, facing execution in that state at 6 p.m. Thursday, were preparing an application seeking to postpone the execution.  The Court has not permitted an execution to occur since shortly after it agreed to examine the lethal injection method in an order on Sept. 25.

January 30, 2008 at 11:47 AM | Permalink

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Listed below are links to weblogs that reference Is an Alabama execution possible this week after Eleventh Circuit lifts a stay?:

» Injection Developments from Crime and Consequences
The Eleventh Circuit vacated a stay of execution granted on an injection claim in McNair v. Allen. The court found that the § 1983 claim was barred by the statute of limitations. There are two plaintiffs in the case. The... [Read More]

Tracked on Jan 30, 2008 5:13:40 PM

» Injection Developments from Crime and Consequences
The Eleventh Circuit vacated a stay of execution granted on an injection claim in McNair v. Allen. The court found that the §1983 claim was barred by the statute of limitations. There are two plaintiffs in the case. The one... [Read More]

Tracked on Jan 30, 2008 5:14:57 PM

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