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.

InmateStateOriginal Date of ExecutionOutcome

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 Hilldeci­sion (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)

InamteStateOriginal Date of ExecutionOutcome

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)

InmateStateOriginal Date of ExecutionOutcome

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.