Sixth Circuit upholds stay for Ohio prisoner facing execution

As reported by the AP and ODPI, a Sixth Circuit panel has today decided not to lift a stay that Kenneth Biros (who was due to be executed at 10am on Tuesday March 20) obtained as part of the on-going lethal injection litigation in Ohio. Apparently the state is appealing to the Supreme Court, though I'd be surprised if SCOTUS want to get involved now.

You can find the Sixth Circuit's order at this link.  Here is the order's full substantive text:

Ohio inmate Kenneth Biros is scheduled to be executed on Tuesday, March 20, 2007.  On December 21, 2006, the district court granted Biros a preliminary injunction barring the State of Ohio or its agents “from implementing an order for the execution of Kenneth Biros issued by any court of the State of Ohio until further Order from this Court.”  The State has filed a motion to vacate that injunction in this Court. However, as Biros is also an intervenor in the district court in the matter appealed as No. 05-4057, Cooey v. Strickland, decided by this Court on March 2, 2007, and has joined in the petition for rehearing with suggestion for rehearing En Banc, currently pending before this Court, see Cooey v. Strickland, No. 05-4057, – F.3d –, (6th Cir. March 2, 2006), petition for reh’g filed March 13, 2007, this Court DENIES the State’s motion without prejudice. The State can renew its motion, if appropriate, upon resolution of that petition.

Some recent related posts:

• Ohio's new Governor issues first clemency denial
• Brewing Ohio (capital) March madness
• Make-or-break week for Ohio's death penalty
• Ohio lethal injection litigation going forward
• The lethal mess in Ohio