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stay in ‘bama

By Karl R. Keys, Esq.

As anticipated, James Callahan in Alabama was stayed.  This potentially portends well for the Petitioners in  Baze v. Rees. The U.S. Supreme Court at 4:45 p.m. today issued a stay delaying the execution of convicted killer James Callahan, who was scheduled to die by lethal injection at 6 p.m. today. Callahan was convicted of the 1982 kidnapping and murder of Jacksonville State University student Rebecca Howell. Callahan’s execution had already been delayed once by a lower court to give him time to argue that lethal injection amounts to cruel and unusual punishment, in violation of the Eighth Amendment to the U.S. Constitution. But the state of Alabama won an appeal Tuesday, and on Wednesday resumed planning his execution. Prison officials said Callahan’s family is “overjoyed” that the execution has been delayed...continue to full post

Full post as published by Capital Defense Weekly on January 31, 2008 (boomark / email).