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Asking for abuse

By Karl R. Keys, Esq.

The Eleventh Circuit has lifted — despite in the same of similar factual & procedural posture being stayed in light of Baze v. Rees by the Supreme Court — the stay imposed by the district court in James Callahan v. Allen.  In light of the body of precedents, one has to wonder, why lift the stay just to have the SCOTUS issue another one or is the Eleventh Circuit trying to have cert granted  (and yet another of its opinions reversed) again on the issues surrounding lethal injection? The SCOTUSBlog  has far better coverage on this matter than we ever could.  Lyle Denniston notes: Attorneys for Alabama death row inmate James Callahan urged the Supreme Court Wednesday afternoon to delay his scheduled execution on Thursday evening, argung that a federal appeals court had relied on a novel theory of time limits in clearing the way for the execution to occur...continue to full post

Full post as published by Capital Defense Weekly on January 30, 2008 (boomark / email).