---
title: 'Baze v. Rees: Stays Granted'
description: '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…'
canonical: 'https://deathpenaltyinfo.org/stories/baze-v-rees-stays-granted'
section: stories
date: '2008-12-31T14:36:00-05:00'
updated: '2025-03-14T14:56:24-04:00'
source: 'Death Penalty Information Center'
---

****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)

| Inamte | State | Original Date of Execution | Outcome |
|---|---|---|---|
| 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)**

| Inmate | State | Original Date of Execution | Outcome |
|---|---|---|---|
| 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](https://deathpenaltyinfo.org/executions/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.