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Is an Alabama execution possible this week after Eleventh Circuit lifts a stay?

By Douglas A. Berman

It has been a long time since any lower court has generated serious execution news over the last three months as the Baze lethal injection de facto moratorium settled in.  However, as detailed in this brief AP piece from Alabama, a "federal appeals court has lifted a stay of execution for James Harvey Callahan, who is scheduled to be executed Thursday.  But it could be delayed again by the U.S. Supreme Court, which has not yet ruled on lethal injection." The federal appeals court making the news is the Eleventh Circuit, which just released this split panel opinion in which the majority explains that "in light of the fact Callahan?s complaint was filed more than two years beyond the limitations period, the district court abused its discretion by entering a stay of execution...continue to full post

Full post as published by Sentencing Law and Policy on January 30, 2008 (boomark / email).