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Thread: Perry Eugene Williams - Texas Death Row

  1. #31
    Administrator Aaron's Avatar
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    Yesterday, the Fifth Circuit rejected the challenge to Texas' execution method brought by Perry Williams and Thomas Whitaker, ruling that To reset the accrual date, a change to an execution protocol must be substantial, and any new accrual date is applicable only to the portion of the protocol that changed. The switch from manufactured to compounded pentobarbital was not a substantial change because the switch between two forms of the same drug does not significantly alter the method of execution. In this case, the Fifth Circuit affirmed the district court's dismissal of plaintiffs' complaint under 42 U.S.C. 1983, challenging their method of execution. The court held that the district court properly dismissed Counts One, Two, and part of Three as time-barred. Even if the claims were timely, plaintiffs failed to state a claim with regard to Count Three, which addresses the method-of-execution claims regarding the compounded pentobarbital; Counts One and Four, which deal with plaintiffs' alleged inability to access information about their method of execution; and Count Two, which alleges the right to counsel during the events leading up to and during the execution. The court also held that the district court did not apply a heightened pleading standard; the district court did not consider evidence outside the pleadings; and any discovery error was harmless because plaintiffs were not entitled to discovery without a properly pleaded complaint.

    http://cases.justia.com/federal/appe...?ts=1499470231
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  2. #32
    Senior Member CnCP Legend Mike's Avatar
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    Spared ex-Texas death row inmate loses Supreme Court appeal

    The Associated Press

    HOUSTON — The U.S. Supreme Court has refused to review an appeal from spared former Texas death row inmate Thomas Whitaker that questioned whether the state's use of a compounded version of the powerful sedative pentobarbital for executions would cause unconstitutional pain.

    The high court Monday offered no comment on its decision refusing the civil rights lawsuit filed by Whitaker and another condemned prisoner, Perry Williams.

    Whitaker last week won a rare clemency from Gov. Greg Abbott. An hour before Whitaker was scheduled for execution Thursday, Abbott agreed with the state parole board that his death sentence should be reduced. Whitaker now is serving life without parole.

    Whitaker was convicted of arranging a plot that left his mother and brother fatally shot. His father, wounded in the attack, had urged the commutation.

    http://www.statesman.com/news/local/...4YDMXdvsdVAQJ/

  3. #33
    Moderator Bobsicles's Avatar
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    Article 11.071 application for writ of habeas corpus dismissed with written order:

    https://search.txcourts.gov/SearchMe...7-261f7caac8b6
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