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September 21, 2011

Some late day pending execution headlines from all over (and a question)

I am about to go off-line for the next few hours (if not longer), and there are two high-profile executions scheduled to be scheduled during this time.  Here are some recent headlines from an array of sources covering these stories:

In addition to hoping the comments to this post will stay civil, I would also like to hear thoughts or opinions on a few execution-related questions: Why hasn't the Troy Davis team sought to contest constitutionally aspects of Georgia's execution process and/or make a final request that the Davis execution be recorded?

As regular readers know, death row defendants in recent years have been quite successful at slowing down the "machinery of death" in numerous states by raising concerns about the way the states operate this machinery.  I have been wondering all day today, especially as all sorts of other last-ditch legal efforts are being made to try to stop the Davis execution, whether the Davis defense team has tried or even considered the kind of 1983 lethal injection suit that has worked for other defendants in other states.

September 21, 2011 at 05:17 PM | Permalink


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The attorneys only have so many hours in the day. A claim based on LI would not work, since the 11th Circuit and Ga. courts have shot it down. My guess is that the attorneys want to preserve the clarity of his innocence claim.

Posted by: federalist | Sep 21, 2011 5:32:28 PM

Ga. Supreme Court just denied stay. SCOTUS is last chance.

Posted by: federalist | Sep 21, 2011 5:50:48 PM

In the last several months, the 11th Circuit has rejected at least four 1983 lethal injection challenges. Even if such challenge was filed, don't think it would go very far.

Posted by: justice seeker | Sep 21, 2011 5:53:08 PM

Once again here we are the day of the execution and more appeals into the night. If the states order the execution dates too soon, I could see this. But every execution is set well enough in advance to give the attorneys time to file their appeals. It is just a ruse to put pressure on the courts to grant a stay.

Posted by: DaveP | Sep 21, 2011 6:04:02 PM

Execution on hold while Supreme Court deliberate

Posted by: peter | Sep 21, 2011 7:22:21 PM

Once again, a BS stay. They brought the claim late--the Supreme Court has NO business intervening at all, even for a slight delay. This is irresponsible and cruel to the victims' family. The Ga. courts dealt with this last-minute stay quickly, and SCOTUS should be beyond ashamed of itself for, once again, offending the dignity of a sovereign state.

Posted by: federalist | Sep 21, 2011 7:48:49 PM

And yes, I think that even a five minute stay in cases where the claim was brought at the last minute and where the state courts dealt with it expeditiously is lawless and wrong.

Posted by: federalist | Sep 21, 2011 8:05:05 PM

Here's what MacPhail's mother had to say:

“I’m absolutely devastated because I want it over with. ... They’ve been through the courts four times there in Georgia. They’ve been to the Supreme Court three times," Anneliese MacPhail said in an interview from her home, referring to previous delays. "This delay, again, is very upsetting and I think very unfair to us."

She is absolutely right.

Posted by: federalist | Sep 21, 2011 8:29:32 PM

Just wondering what Anneliese MacPhail's background is. Born here?

Posted by: JS | Sep 21, 2011 9:01:36 PM

More biased, pro-criminal, lawyer propaganda. Prof. Berman refuses to read anything that advocates for crime victims.

Posted by: Supremacy Claus | Sep 22, 2011 12:57:02 AM

What was MacPhail's mother talking about when she said Davis had used a gun earlier that evening?

Posted by: DaveP | Sep 22, 2011 7:04:16 AM

DaveP, Davis was convicted in another shooting, and the shell casings from that shooting matched those at the scene of MacPhail's shooting.

Posted by: federalist | Sep 22, 2011 8:06:19 AM

My earlier posts about SCOTUS and the stay were incorrect. It does bother me that the execution was delayed. States should end this "courtesy" to the Court.

Posted by: federalist | Sep 22, 2011 8:29:44 AM


thanks. I do recall that. So according to Davis last night, he did not have a gun when he approached MacPhail. But he did have one earlier that evening and used it. How many of his supporters across the world knew that?

Posted by: DaveP | Sep 22, 2011 2:50:24 PM

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