Baze v. Rees: Stays Granted

STAYS AND EXECUTIONS

At least 40 death row inmates, some on the day of their execution, were granted stays lasting beyond their scheduled dates in 2006-08 based in whole or in part on challenges to the lethal injection process. Some stays were lifted and the inmates eventually executed. In many states, all executions were effectively on hold until the lethal injection controversy is resolved. At the same time, other executions were allowed to go forward with no stays. Almost all of the executions have been by lethal injection, and almost all of the inmates raised similar legal challenges to the lethal injection process. Those granted stays of execution are listed below. Over 80 inmates have been executed during the same time.

The U.S. Supreme Court's decision to hear Baze v. Rees (see Constitutional Issue, above) resulted in stays being granted in all cases involving lethal injection. The case was argued on Jan. 7, 2008 and decided on April 16, 2008. Since then, executions have resumed in some states.
 

Inmate State Original Date
of Execution
Outcome
Clarence Hill Florida Jan. 24, 2006 1. STAYED/Executed. Stay granted by US Supreme Court; in Hill v. McDonough, the U.S. Sup. Ct. unanimously allowed Hill to raise his lethal injection challenge in a civil rights suit (June 12, 2006); Florida set new execution date of Sept. 20. Hill was denied a stay of execution to conduct an evidentiary hearing on the lethal injection process and was executed on Sept. 20, 2006.
Arthur Rutherford Florida Jan. 31, 2006 2. STAYED/Executed. Stay granted by US Supreme Court pending the Hill decision (above); Rutherford was executed on Oct. 18, 2006.
Michael Taylor Missouri Feb. 1, 2006 3. STAYED by 8th Circuit, en banc; upheld by US Supreme Court; U.S. District Court continued stay; ordered that all executions in Missouri be put on hold until the state explains its lethal injection procedures (June 26, 2006). District Court ruled on Sept. 12 that the state's proposals still do not meet Eighth Amendment standards. State has until Oct. 27 to submit revised protocols.
Vernon Evans Maryland Feb. 6, 2006 4. STAYED by MD Court of Appeals; numerous issues; hearings on lethal injection held in federal District Court in Sept. On Dec. 19, the Court of Appeals halted Evans' and other executions until the state complies with the Administrative Procedures Act in adopting its execution protocols.
Michael Morales California Feb. 21, 2006 5. STAYED by State of Calif., after federal judge required changes to execution protocol; hearings began on Sept. 26; preliminary ruling on Dec. 15 found state's application of protocol to be unconstitutional.
Richard Tipton Federal May 8, 2006 6. STAYED by U.S. District Court for the District of Columbia. Note: an execution date for another federal inmate has been set in April 2007.
Cory Johnson Federal May 10, 2006 7. STAYED by U.S. District Court for the District of Columbia
James Roane Federal May 12, 2006 8. STAYED by U.S. District Court for the District of Columbia
Jeffrey Hill Ohio June 15, 2006 9. STAYED by U.S. District Court for the Southen District of Ohio (April 28, 2006)
Robert Jackson Delaware May 19, 2006 10. STAYED by U.S. District Court for Delaware (May 9, 2006)
Sedley Alley Tennessee May 17, 2006 11. STAYED/Executed. Stay granted by U.S. District Court for the Middle District of Tenn. (May 11, 2006); stay lifted by the U.S. Court of Appeals for the 6th Circuit; 15-day stay granted by governor to allow time to pursue DNA testing; eventually executed on June 28, 2006.
Derrick O'Brien Texas May 16, 2006 12. STAYED/Executed. Stay granted by the Texas Court of Criminal Appeals (May 15, 2006); Stay lifted by the same court (May 17, 2006); new execution date was set for July 11 and execution was carried out.
Don Davis Arkansas July 5, 2006 13. STAYED by U.S. District Court in Little Rock on June 26, 2006
Elijah Page S. Dakota Aug. 29, 2006 14. STAYED/Executed. Stay granted by governor on Aug. 29, 2006. Execution carried out on July 11, 2007 after legislative changes; inmate did not appeal.
Jeffrey Lundgren Ohio Oct. 24, 2006 STAYED/EXECUTED. Stayed by U.S. District Court in Ohio on Oct. 18. Lundgren was allowed to join a class action suit challenging lethal injection procedures. Stay overturned by the 6th Circuit. Executed on Oct. 24, 2006.
Jerome Henderson Ohio Dec. 5, 2006 15. STAYED by U.S. Court of Appeals for the 6th Circuit on Dec. 1. Henderson was allowed to join a lethal injection challenge brought by other Ohio death row inmates. The 6th Circuit denied the state's request for a rehearing, and the U.S. Supreme Court refused to lift the stay.
Kenneth Biros Ohio Jan. 23, 2007 16. STAYED by the U.S. Dist. Ct. for the Southern Dist. of OH. The court concluded that the 6th Cir.'s grant of a stay in Henderson meant that Biros could also intervene in the lethal injection suit pending in federal court. Biros received another execution date of Mar. 20, but that date was stayed as well.
Marcus Robinson North Carolina Jan. 26, 2007 17. STAYED by N.C. Superior Court Judge Donald Stevens on Jan. 25, 2007 because the state did not seek the necessary approval in making changes to its lethal injection process. The state said it would not appeal the ruling.
James Thomas North Carolina Feb. 2, 2007 18. STAYED by N.C. Superior Court Judge Donald Stevens (see #16).
James Campbell North Carolina Feb. 9, 2007 19. STAYED see #16, 17 above.
Edward Harbinson Tennessee Feb. 9, 2007 20. STAYED by order of the governor until at least May 2 to allow review of lethal injection
Daryl Holton Tennessee Feb. 28, 2007 21. STAYED see #19 above.
Michael Boyd Tennessee Mar. 7, 2007 22. STAYED see #19 above.
Pervis Payne Tennessee April 11, 2007 23. STAYED see #19 above.
Archie Billings North Carolina March 2, 2007 24. STAYED by N.C. Superior Court Judge Donald Stephens on Feb. 21, 2507 because of unresolved issues with lethal injection. See # 16 above.
Allen Holman North Carolina March 9, 2007 25. STAYED by N.C. Superior Court Judge Donald Stephens on Mar. 7, 2007 because of unresolved issues with lethal injection. See # 16 above.
Bruce Webster Federal April 16, 2007 26. STAYED by U.S. District Court
Philip Workman Tennessee May 9, 2007 STAYED/Executed - stayed by U.S. District Court; stay lifted by 6th Circuit; executed on May 9.
Clarence Carter Ohio July 10, 2007 27. STAYED by U.S. District Court as part of class action suit, now on appeal to the U.S. Sup. Ct.
Romell Broom Ohio Oct. 18, 2007 28. STAYED by U.S. District Court pending a decision by the U.S. Sup. Ct. to consider the class action suit filed by Ohio inmates.
Edward Harbison Tennessee Sept. 26, 2007 29. STAYED by action of U.S. District Court finding state's current lethal injection process unconstitutional on Sept. 19.
STAYS GRANTED SINCE THE U.S. SUPREME COURT AGREED TO
HEAR
BAZE V. REES (cert. granted on Sept. 25, 2007)
Thomas Arthur Alabama Sept. 27, 2007 30. STAYED by the governor on Sept. 27 to allow time for the state's new lethal injection protocol to be implemented.
Carlton Turner Texas Sept. 27, 2007 31. STAYED/Executed by the U.S. Supreme Court on Sept. 27 after a stay was denied by the Texas Court of Criminal Appeals (5-4). The stay was granted to allow the defendant time to file a cert. petition raising issues similar to Baze v. Rees, the Kentucky case already before the Court. Turner was executed on July 10, 2008.
Heliberto Chi Texas Oct. 3, 2007 32. STAYED by the Tex. Ct. of Crim. App. on Oct. 2 in light of Baze v. Rees. New date set.
Jack Jones Arkansas Oct. 16, 2007 33. STAYED by U.S. Court of Appeals for the 8th Circuit on Oct. 11. U.S. Sup. Ct. refused to lift the stay.
Jeffrey Landrigan Arizona Nov. 1, 2007 34. STAYED by Arizona Supreme Court on Oct. 11.
William Castillo Nevada Oct. 15, 2007 35. STAYED by the Nev. Sup. Ct. in a suit filed by the ACLU. Castillo had waived his appeals.
Christopher Emmett Virginia Oct. 17, 2007 36. STAYED by the U.S. Sup. Ct. after a stay was denied by the 4th Circuit. New date set.
Jack Alderman Georgia Oct. 19, 2007 37. STAYED by Georgia Supreme Court on Oct. 18.
Dale Scheanette Texas Nov. 27, 2007 STAYED by the Tex. Court of Crim. Appeals.
Curtis Osborne Georgia Oct. 23, 2007 38. STAYED/Executed by the Georgia Supreme Court on Oct. 22. Osborne was executed on June 4, 2008.
Daniel Siebert Alabama Oct. 25, 2007 39. STAYED by the 11th Cir. on Oct. 24.
Earl Berry Mississippi Oct. 30, 2007 40. STAYED/Executed by the U.S. Sup. Ct. on Oct. 30. Berry was executed on May 21, 2008.
Don Davis Arkansas Nov. 8, 2007 41. STAYED by U.S. Dist. Ct. in Ark. on Oct. 31 in light of Baze.
Edward Harbison Tennessee Jan. 9, 2008 42. STAYED by U.S. Ct. of App. for 6th Cir. on Oct. 31, 2007 (earlier date stayed by Dist. Ct. prior to Baze because of problems with Tenn.'s protocol).
Mark Schwab Florida Nov. 15, 2007 43. STAYED/Executed by U.S. Sup. Ct. pending Schwab's appeal of Fl. Sup. Ct ruling; stay had been granted by U.S. Dist. Ct. (in light of Baze), but was overturned by 11th Cir. Schwab was executed on July 1, 2008.
Thomas Arthur Alabama Dec. 6, 2007 44. STAYED by the U.S. Sup. Ct. on Dec. 5 to allow consideration of his lethal injection challenge. Arthur had previously been granted a stay by Ala.'s governor.
James Callahan Alabama Jan. 31, 2008 45. STAYED by U.S. Dist. Ct. on Dec. 14, 2007 pending the decision by the U.S. Sup. Ct. in Baze. Stay lifted by the 11th Circuit on Jan. 29, 2008, ruling that the defendant had filed his claim beyond the statute of limitations. Stay granted by U.S. Sup. Ct. on Jan. 31 pending Callahan's submission of a cert. petition.
Edward Bell Virginia April 8, 2008 46. STAYED by Gov. Tim Kaine until July 24, 2008 in light of Baze. The governor also stayed all other executions pending the Court's ruling. Cert. granted by U.S. Sup. Ct. on another issue.
Stays granted after Supreme Court's decision in Baze v. Rees (April 16, 2008)
Derrick Sonnier Texas June 3, 2008 47. STAYED/Executed by Texas Court of Criminal Appeals on June 3 upon a petition raising lethal injection challenge and noting that the court is currently considering such a challenge from another inmate. Sonnier was executed on July 23, 2008.
John Middleton Missouri July 30, 2008/Sept. 17, 2008 48. STAYED by the MO Sup. Ct. to allow him to join lethal injection challenge. Middleton has a new execution date of Sept. 17, 2008. This latter date was also stayed
Frank Williams Arkansas Sept. 9, 2008 49. STAYED by Ark. county court because of Admin. Procedures Act violation in adopting new protocol. Expedited appeal denied by Ark. Sup. Ct.
Wayne Tompkins Florida Oct. 28, 2008 50. STAYED by the Fl. Sup. Ct. to review lethal injection claim.
Donald Stenson Washington Dec. 3, 2008 51. STAYED by both federal and state courts on a variety of issues, one of which involved a lethal injection challenge.
Cal Brown Washington Mar. 13, 2009 52. STAYED to allow lethal injection challenge to proceed.
Phillip Halford Alabama Mar. 19, 2009 53. STAYED to allow lethal injection challenge to proceed.
Reginald Clemons Missouri June 17, 2009 54. STAYED to allow lethal injection challenge to proceed.
Romell Broom Ohio Sept. 15, 2009 55. STAYED after guards could not find suitable vein for lethal injection.
Lawrence Reynolds Ohio Oct. 8, 2009 56. STAYED/Executed -pending review of lethal injection after Broom's failed execution.  Reynolds was executed on Mar. 16, 2010 with the new 1-drug protocol.
Darryl Durr Ohio Nov. 10, 2009 57. STAYED pending review of lethal injection after Broom's failed execution.
Kenneth Biros Ohio Dec. 8, 2009 STAYED/Executed -by U.S. Dist. Ct. on Oct. 19 pending review of lethal injection after Broom's failed execution.  The stay was lifted and Biros was executed on his scheduled date.
    2010 FOR STAYS IN 2010 AND LATER SEE UPCOMING EXECUTIONS


(Stays granted for reasons unrelated to lethal injection are not included.)
Note: Some inmates have no numerical marker because their stays were lifted before their executiond date, allowing then to be executed on schedule, or their stay may still be lifted prior to their execution date.