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May 8, 2007

Split Sixth Circuit panel lifts Tennessee execution stay

As detailed in this AP article, "Philip Workman's execution is back on schedule after being halted last week over concerns about Tennessee's revised execution method"; on Monday, a panel of the Sixth Circuit voted 2-1 to vacate the stay granted by a district judge last week (discussed here).  Workman's execution is scheduled for 1 am CDT Wednesday, but his attorneys have appealed to the full Sixth Circuit.

The Sixth Circuit panel's thoughtful and lengthy opinions in Workman are available here (majority per Judge Sutton, dissent from Judge Cole).  In addition, thanks to this post at CDW, you can also access the Workman's filings.

May 8, 2007 at 06:24 AM | Permalink


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Gotta love Sutton's "debating point" dismissal of the "they wouldn't kill a dog that way" argument.

Also, Sutton slyly noted the different federal courts in which the Workman litigation was brought. I guess Workman's attorneys weren't nuts with the first judge they drew in the Western District of Tennessee, so they filed the latest round of litigation in the Middle District.

You can really tell that Workman's atttorneys put forth a lot of effort in the appeals. The state DAGs, it seems, handled the full court press well.

Posted by: federalist | May 8, 2007 3:14:53 PM

Supreme Court denied Workman's stay request. I wonder if his attorneys will try to get a solitary Sixth Circuit Senior Circuit Judge to issue a stay, a la Judge Merritt in the Alley case.

Posted by: federalist | May 8, 2007 7:51:30 PM

And yet again, denied.

Posted by: Gideon | May 8, 2007 11:31:35 PM

He got three votes for the stay on his second go-round.

He's still got 2 1/2 hrs. There may be more . . . .

Posted by: federalist | May 8, 2007 11:38:50 PM

A Motion for Stay has been filed in the TN Supreme Court. It really is a pleading.


All the filings are here:


Posted by: Gideon | May 9, 2007 12:10:51 AM

And now another filing with the US Supreme Court. At some point, this whole exercise is completely unfair to the AGs who have to review all these filings at the last minute. The Federal Public defenders in this case have already misstated the thrust of Kyles v. Whitley (the case does not remotely support Workman's claims here). What other inaccuracies are contained in the papers? (Particularly galling, I think, are the arguments of waiver made by Workman's attorneys.)

This case has become a circus, and it is an indignity to the sovereign state of Tennessee to be forced to deal with the blizzard of motions, pleadings and stay applications. It is also beneath the dignity of the courts that have to deal with this.

Posted by: federalist | May 9, 2007 12:34:29 AM

Workman executed. Justice served.

You do have to hand it to his attorneys--they fought very hard to stave this off.

Posted by: federalist | May 9, 2007 2:59:19 AM

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