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.