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  #26  
Old 04-14-2017, 08:32 PM
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Judge issues temporary restraining order halting Arkansas executions

http://www.arkansasonline.com/news/2...ng-a/?breaking

A Pulaski County circuit judge has issued a temporary restraining order barring the state from executing condemned inmates it had planned to put to death beginning Monday.

The state Attorney General's office said it would immediately seek to have the order overturned by Arkansas' high court.
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Old 04-14-2017, 08:43 PM
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Judge issues temporary restraining order halting Arkansas executions

http://www.arkansasonline.com/news/2...ng-a/?breaking

A Pulaski County circuit judge has issued a temporary restraining order barring the state from executing condemned inmates it had planned to put to death beginning Monday.

The state Attorney General's office said it would immediately seek to have the order overturned by Arkansas' high court.
This is the best news ever!!
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Old 04-14-2017, 10:03 PM
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This is the best news ever!!
It's a temporary stay based on the drug company's objection to their using the drug.

Basically, the details boil down to this - the drug used to stop breathing was obtained with the promise it would be used for medical purposes. An execution is not medical. the drug company issued a refund on the promise that the drug would be returned. It hasn't been returned despite the issued refund and promises it would be returned. The drug company is arguing that they cannot use the drug because it doesn't belong to them.

This is a temporary stay - it can be lifted at any time. It will be interesting to see how much lawyering goes on over the long weekend - Monday is a holiday, so the judges won't be in. The State will have to drag the judges out on Monday to try to get the stay lifted, or overturned by a higher court.

My personal thought is that the executions set for Monday, well, one execution - Ward has been stayed for other reasons - will not happen. But, Wednesday may well be on.

From the grounds of protest - the governor has received more than 150K signatures on a petition calling for these executions to be stopped. He has heard from a man who was exonerated from death row. He has received a couple of books about the death penalty. Doesn't mean he's going to change his mind.

Protestors are out front of the governor's mansion, including actor Johnny Dep, West Memphis 3 member Damian Echols (who spent 18 years on Arkansas's death row), a number of siblings of executed inmates including the brother of the man executed by firing squad in Utah, some victim families, families of those on Arkansas' death row including family of those set for execution. There's even a judge protesting because he thinks that the death penalty is flat out wrong. This is a pretty heavy protest and it's set to go on until all men are either stayed indefinitely, or executed. Let's hope it's the former.

If you're in the area and want to join the protest, it's over at the governor's mansion at the present time in Little Rock, Arkansas. You can't miss it because it's not small.
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Old 04-14-2017, 11:48 PM
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It's called "arbitrary and capricious". IL, when trying to decide what to do with the death penalty, discovered the factors that led to death did not include the crime itself. It did include the quality of defense, the IQ of the defendant, the education level of the defendant, the proximity to elections, and some 20 other lesser factors.
Do you know where I would look for something similar to this report for California? In the mean time I'm going to take a look at the report you provided a link to. Thank you!!
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Old 04-15-2017, 06:34 AM
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This is a temporary stay - it can be lifted at any time. It will be interesting to see how much lawyering goes on over the long weekend - Monday is a holiday, so the judges won't be in. The State will have to drag the judges out on Monday to try to get the stay lifted, or overturned by a higher court.
Monday isn't a holiday . If you are thinking because Easter is Sunday, that's a religious holiday and not recognized by the state or federal systems.

http://www.sos.arkansas.gov/aboutOff...17Holidays.pdf
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Old 04-15-2017, 07:09 AM
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Federal judge issues order blocking Arkansas executions

A federal judge issued an injunction early Saturday to halt the executions of several condemned Arkansas inmates, creating another barrier to the state's plan to put them to death over an 11-day period starting Monday.

The Arkansas Attorney General's office called the decision "unfortunate" and said it would seek an immediate appeal.

The ruling came a day after the Arkansas Supreme Court first issued an emergency stay blocking Bruce Ward's execution. That order didn't affect the other 6 condemned men, but Pulaski County Circuit Judge Wendell Griffen ruled a short time later that a separate complaint filed by a medical supplier was cause to issue a temporary restraining order blocking all the executions. The state Attorney General, though, vowed to ask the state Supreme Court to reverse Griffen.
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  #32  
Old 04-15-2017, 08:37 AM
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Monday isn't a holiday . If you are thinking because Easter is Sunday, that's a religious holiday and not recognized by the state or federal systems.

http://www.sos.arkansas.gov/aboutOff...17Holidays.pdf
thought it was simply because tax day is the 18th

Ah, Emancipation Day

http://www.mercurynews.com/2017/04/1...ate-this-year/

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Old 04-15-2017, 08:43 AM
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I can't believe what may save these mens' lives may come down to who owns what drug - not the ethics of it, but who actually owns which drug.
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  #34  
Old 04-15-2017, 04:48 PM
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I can't believe what may save these mens' lives may come down to who owns what drug - not the ethics of it, but who actually owns which drug.
Any port in a storm!

It does kinda make sense that it would have to be a black/white thing like legal ownership as opposed to mere mortals' grey beliefs.

I do think it's odd that "they" wouldn't go ahead and use an expired drug any way . . . [caring as "they" are.]
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Old 04-15-2017, 07:40 PM
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Any port in a storm!

It does kinda make sense that it would have to be a black/white thing like legal ownership as opposed to mere mortals' grey beliefs.

I do think it's odd that "they" wouldn't go ahead and use an expired drug any way . . . [caring as "they" are.]
expired amounts to cruel and unusual.

Here's what I'm afraid may happen - because of Arkansas's secrecy laws, they will neither admit nor deny that the drugs came from that particular pharmaceutical company. As a result, the drugs will be used in executions without the drug companies getting a firm answer of whether or not it was their drugs (to either admit they were their drugs or deny that they were their drugs would violate the secrecy provisions, as would giving back any drugs in close proximity to these executions and with expiration dates near these executions. As a result, the secrecy provision will supersede. Further, the State will point out that the drug manufacturers have the remedy of suing in civil court for damages, not holding up executions on the unverified assumption that the drugs are their drugs). As a result, the executions after Monday, and possibly the ones Monday, will go forward. This is my fear.
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Old 04-16-2017, 08:09 PM
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https://www.theguardian.com/commenti...ust-be-stopped

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The judge’s stay order was a response to a lawsuit by the healthcare giant McKesson . . .
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McKesson’s court filings expose how Arkansas “deliberately misled” the company about its intended use for the drugs it sought, using a doctor’s registration and the address of a healthcare facility to “mask” their true purpose. The filings disclose that the state falsely promised to return the drugs to McKesson, and accepted a full refund, but then failed to fulfill the agreement.


By accepting a refund, hasn't Arkansas 1) admitted the source they bought the drugs from and 2) proved that Arkansas no longer legally owns those drugs??
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Old 04-16-2017, 11:07 PM
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It's a temporary stay based on the drug company's objection to their using the drug.

Basically, the details boil down to this - the drug used to stop breathing was obtained with the promise it would be used for medical purposes. An execution is not medical. the drug company issued a refund on the promise that the drug would be returned. It hasn't been returned despite the issued refund and promises it would be returned. The drug company is arguing that they cannot use the drug because it doesn't belong to them.

This is a temporary stay - it can be lifted at any time. It will be interesting to see how much lawyering goes on over the long weekend - Monday is a holiday, so the judges won't be in. The State will have to drag the judges out on Monday to try to get the stay lifted, or overturned by a higher court.

My personal thought is that the executions set for Monday, well, one execution - Ward has been stayed for other reasons - will not happen. But, Wednesday may well be on.

From the grounds of protest - the governor has received more than 150K signatures on a petition calling for these executions to be stopped. He has heard from a man who was exonerated from death row. He has received a couple of books about the death penalty. Doesn't mean he's going to change his mind.

Protestors are out front of the governor's mansion, including actor Johnny Dep, West Memphis 3 member Damian Echols (who spent 18 years on Arkansas's death row), a number of siblings of executed inmates including the brother of the man executed by firing squad in Utah, some victim families, families of those on Arkansas' death row including family of those set for execution. There's even a judge protesting because he thinks that the death penalty is flat out wrong. This is a pretty heavy protest and it's set to go on until all men are either stayed indefinitely, or executed. Let's hope it's the former.

If you're in the area and want to join the protest, it's over at the governor's mansion at the present time in Little Rock, Arkansas. You can't miss it because it's not small.
I know it's a temporary stay but right now any stay is better than none!! I am involved with trying to get them all stopped.
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  #38  
Old 04-17-2017, 07:08 PM
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Monday’s Arkansas Execution Halted by State Justices

https://www.nytimes.com/2017/04/17/u...-justices.html

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Old 04-17-2017, 07:52 PM
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It is amazing the amount of litigation that's going on at the moment. So far, it looks like the men on Monday are spared. Will this mean the same for the rest? Dunno. Expect a lot of fast and furious litigation over the next few days.

What's interesting g right now is the issue of what the impact of a case with similar issues before the SCOTUS will have on the rest of the states. I know traditionally, a case before SCOTUS usually means other cases with similar issues are stayed - makes sense, if you think about it - why have 50 separate cases before SCOTUS when a ruling on one can do (yes, not all 50 states have the DP, but all 50 have had similar issues, be they contract, torts, property, family, or just how an ordinance is dealt with). so, as far as the State is concerned, I think there's no traction to trying to overturn such a stay, assuming SCOTUS. Agrees to stay while they resolve the case in another state. Enter Gorsuch. Should be interesting.

Can't imagine that today/tonight did any good to Bruce Ward. Prison is no place for the mentally ill. Death row even more so. And the man hasn't been treated for his schizophrenia in any meaningful way during that time. Hopefully this brings some attention to this issue and forces Arkansas to actually treat the man.
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Old 04-18-2017, 05:01 AM
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https://www.supremecourt.gov/orders/...817zr_g20h.pdf

(ORDER LIST: 581 U.S.)
TUESDAY, APRIL 18, 2017
ORDER IN PENDING CASE
16A987 ARKANSAS V. DAVIS, DON W.
The application to vacate the stay of execution of sentence
of death entered by the Arkansas Supreme Court on April 17, 2017,
presented to Justice Alito and by him referred to the Court is
denied.
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Old 04-18-2017, 05:07 AM
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The state judge who issued a stay also participated in a protest. He is the one laying on the stretcher in the demonstration.

State high court yanks Griffen off death cases

The Arkansas Supreme Court on Monday stripped Pulaski County Circuit Judge Wendell Griffen of his authority to preside over any death penalty-related cases, three days after he participated in a protest of the state's plan to execute seven convicted killers by the end of this month.

The high court's ruling also triggers an ethics investigation by the state Judicial Discipline and Disability Commission into Griffen's conduct.
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Old 04-18-2017, 07:38 AM
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The state judge who issued a stay also participated in a protest. He is the one laying on the stretcher in the demonstration.

State high court yanks Griffen off death cases

The Arkansas Supreme Court on Monday stripped Pulaski County Circuit Judge Wendell Griffen of his authority to preside over any death penalty-related cases, three days after he participated in a protest of the state's plan to execute seven convicted killers by the end of this month.

The high court's ruling also triggers an ethics investigation by the state Judicial Discipline and Disability Commission into Griffen's conduct.
Yeah, he's going to have some problems with the Judiciary ethics committee in his state. I doubt he could have ruled differently - he ruled on the contracts question, and it is a thorny question that required serious contemplation and examination of such intellectual property rights such as business reputation and valuation of same. But, he did it from the wrong angle, and pretty unilaterally emphasizing he would have ruled for an injunction no matter what the issue. Can't maintain even the illusion of impartiality if you're out there, protesting with one side.

Have a similar picture from the people who were there, only top down. Think he was meditating all day
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Old 04-18-2017, 08:04 AM
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https://www.washingtonpost.com/news/...of-executions/

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But as the clock struck midnight at the prison 76 miles southeast of the state capitol in Little Rock, the two executions set for Monday remained stayed; a third had previously been blocked by a federal judge. Under Hutchinson’s original schedule, two executions were set to occur back-to-back on four nights this week and next.

The execution warrants for the two inmates set to die Monday — both convicted murderers — expired at midnight, and Arkansas officials acknowledged they were unlikely to reschedule the two executions before the drugs expire.
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Old 04-18-2017, 08:11 AM
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http://abcnews.go.com/US/wireStory/a...otest-46849393

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Griffen did not immediately return a message Monday seeking his reaction to the high court's order. He has said he's morally opposed to the death penalty and that his personal beliefs alone shouldn't disqualify him from taking up certain cases. For years, he has been pushing the boundaries of how much a judge can speak out on controversial issues.

"We have never, in my knowledge, been so afraid to admit that people can have personal beliefs yet can follow the law, even when to follow the law means they must place their personal feelings aside," Griffen told The Associated Press on Saturday.
Quote:
"We do not require people to come into court with blank slates, either in their minds or their heart," he said Saturday.

Tho I think he went a bit TOO over the top at the protest, maybe that was intended??? He does make a good point . . .
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Old 04-20-2017, 01:29 AM
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"The state Supreme Court blocked one inmate's execution scheduled for Thursday, and a Pulaski County Circuit Court judge ruled that Arkansas is not allowed to use one of its lethal injection drugs — the paralytic vecuronium bromide —
effectively blocking all of the scheduled executions."


http://www.nbcnews.com/storyline/let...cution-n748646
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Old 04-20-2017, 08:43 AM
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http://abcnews.go.com/US/wireStory/a...otest-46849393






Tho I think he went a bit TOO over the top at the protest, maybe that was intended??? He does make a good point . . .
every person who comes before the court has the right to a fair, impartial hearing or trial. If the judge is vocal about a particular issue, say abortion, do you think a person coming before that judge on an issue dealing with abortion will feel like s/he got a fair hearing, whether s/he did or not?

It's the appearance of impropriety or of bias that will sink this judge as it is part of their ethical code. Speaking out loudly about a particular issue makes him look biased whether he rules that way or not.

This is why you rarely get judges endorsing political candidates (could you imagine a judge actually endorsing a candidate for sheriff or prosecutor? especially if that prosecutor or sheriff is running a, "tough on crime" campaign?) or issues.
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Old 04-20-2017, 11:13 PM
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Oh I agree! I was wondering if maybe this was a "Last Hurrah" on his way out?
Sorry! I think it was too late in the day for me to be on the keyboard.
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Old 04-20-2017, 11:25 PM
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Arkansas executes death-row inmate Ledell Lee
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Old 04-21-2017, 06:08 AM
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Horrible. There were valid questions about his innocence and his legal representation was a disaster. The judge in his trial was having an affair with the assistant prosecutor who he later married. He is also severely mentally impaired. Every state sponsored murder makes me sad, this one even more so.
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Old 04-24-2017, 07:59 PM
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The State of Arkansas has already killed one man tonight, another sets waiting on 9 p,m
Its very sad to say the least.
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