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Thread: Don William Davis - Arkansas Death Row

  1. #31
    Administrator Moh's Avatar
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    Arkansas to seek 'immediate review' of state court decision that halted 2 executions set for Monday

    LITTLE ROCK, Ark. (AP) — Arkansas to seek 'immediate review' of state court decision that halted 2 executions set for Monday.

    http://abcnews.go.com/US/wireStory/a...tions-46850514

  2. #32
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    Federal appeals court says Arkansas executions can proceed, but they're still blocked by state court

    LITTLE ROCK, Ark. (AP) - Federal appeals court says Arkansas executions can proceed, but they're still blocked by state court.

    http://abcnews.go.com/US/wireStory/f...state-46850699

  3. #33
    Administrator Aaron's Avatar
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    Leslie Rutledge will appeal stay for Ward and Davis to SCOTUS.

    https://twitter.com/AGRutledge/statu...97335479144450
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  4. #34
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    Federal appeals court grants AG's motion to lift stays of execution

    LITTLE ROCK (KATV) — The 8th Circuit Court of Appeals granted late Monday afternoon the Arkansas Attorney General's motion to vacate the stays of execution imposed last week by a district judge.

    The 8th Circuit Court cited the prisoners' long delay in pursuing their federal claims, saying "the prisoners voluntarily elected to forego their federal claim in April 2015, and chose instead to challenge the method of execution exclusively in state court under the Arkansas Constitution."

    The court says that created a presumption against granting a stay of the executions.

    The court said Judge Baker's conclusion about the midazolam (the sedative used in lethal injections) was not adequately supported by the court's factual findings.

    The court disagreed that the execution method was sure or very likely to cause needless suffering.

    Monday's 8th Circuit ruling does not affect the Arkansas Supreme Court's stay issued for death row inmates Don Davis and Bruce Ward, who were scheduled to die Monday, April 17. This order paves the way for only the remaining 5 executions to proceed.

    http://katv.com/news/local/8th-circu...s-of-execution

    The Eighth Circuit's decision can be read here.

  5. #35
    Administrator Helen's Avatar
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    Attys for condemned inmate Don Davis argue Scotus lacks jurisdiction to review Arkansas Supreme Ct decision staying execution


    https://twitter.com/JamesHillABC
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #36
    Administrator Helen's Avatar
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    Two prison officials confirmed that the strawberry cake offered to reporters was made for Don Davis. Only a few decided to try it.



    https://twitter.com/PhilMcCausland
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #37
    Administrator Helen's Avatar
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    BREAKING: SCOTUS DENIES ARKANSAS' REQUEST TO LIFT THE STAY. No execution tonight.



    https://twitter.com/chrisgeidner
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #38
    Administrator Aaron's Avatar
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    After Arkansas Execution Blocked, Victim's Daughter Still Wants Justice

    LITTLE ROCK — Susan Khani drove across the state of Arkansas Monday to watch her mother's killer be executed — but she left disappointed.

    The U.S. Supreme Court decided not to overturn the stay on the death sentence of Don Davis, the man who shot her mother in the back of the head after burglarizing her home in 1990.

    "It was the third time that I've been through this, so I expected it," Khani told NBC News Tuesday. "It was a 50/50 for me, so I was prepared. I wasn't at all surprised."

    She drove down to Varner, Arkansas, where the prison and death chamber is located about 75 miles from the capital, with a friend on Monday afternoon. There she spent more than five hours in a room without access to a television or the internet to gain any insights on how the case was proceeding. Prison officials would periodically provide updates.

    "The state has done a really good job," she said. "I'm frustrated with the people who are against the death penalty and that they're not taking each case individually and looking at each person and what happened. They're lumping it all together."

    The decision to schedule eight lethal injections at the end of April didn't help, she added. She believes the pace only brought greater attention — and opposition — to the executions.

    She left the prison with her friend shortly after midnight Tuesday and returned to her hotel in Little Rock.

    Now she will wait until Davis is scheduled again, with every telephone ring with a state of Arkansas Caller ID a painful reminder of the mother she lost.

    "I go on with my life until I get the phone call that the execution date is set again," she said. "I forget about it and I move on with my life, but I'm reminded again when this comes up."

    "I have to go through all the feelings again each time and all the emotions and the stress," she added.

    Davis is reportedly tortured by the murder and is repentant. Nevertheless, he maintained a calm demeanor while he waited to learn his fate Monday night, his lawyer Scott Braden said.

    But Khani finds Davis' apologies to be too little, too late.

    "[Davis] knew he did something wrong," she said, adding that the death row inmate put her mother through hell during the burglary. "He admitted he was guilty, so he's not some innocent man sitting in prison right now. He got the death penalty. Let's end this. Let's get this over with."

    http://www.nbcnews.com/storyline/let...ustice-n748066
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #39
    Administrator Aaron's Avatar
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    Arkansas death-row inmate tries to drop appeal blocking execution; request denied

    Arkansas' Supreme Court justices, who in April stayed the execution of Don Davis, said Thursday that the condemned killer cannot fire his legal team and drop the appeal that has, for now, spared his life.

    In a series of handwritten motions sent from prison over the past two months, Davis, 52, asked the high court to drop his case and remove the ongoing stay preventing his execution.

    Davis did not explain his rationale. Each motion, on lined legal paper, contains just a few simple sentences in neatly written, curvy printed lettering.

    Federal public defenders hired to represent Davis separately filed a reply, asking the court to only recognize arguments made by Davis' legal team, and to dismiss the prisoner's motions.

    A response from the state attorney called Davis' letters a "dilatory tactic."

    The Supreme Court, ruling on motions in dozens of cases Thursday, simply denied Davis' request without a written opinion.

    Scott Braden, one of Davis' federal public defenders, said he had not spoken recently with his client -- one of several men he represents on death row -- and did not know why Davis sought to end the stay on his execution.

    Asked if Davis wanted to die, Braden said, "He sure didn't in April."

    Davis has lived in a solitary cell on death row since 1992, when he was convicted in the execution-style shooting of Jane Daniel, 62, after robbing her inside her Rogers home.

    During his yearslong appeals process, Davis was appointed federal defenders by a U.S. district judge. Braden said it would be up to a federal judge to remove Davis' legal team.

    The Arkansas Supreme Court "didn't appoint us, so they cannot be the one to unappoint us," Braden said.

    Gov. Asa Hutchinson set Davis' execution for April 17, part of the first pair in a series of eight planned executions that brought international news crews -- and a traffic jam of lawsuits -- to Arkansas. Davis made it as far as the holding cell outside the execution chamber at the Cummins prison before his execution was called off at 11:45 p.m. that day.

    Lawyers for Davis and Bruce Earl Ward, another inmate set to die April 17, successfully petitioned the Arkansas Supreme Court to delay the executions while the U.S. Supreme Court separately considered a case out of Alabama, where a condemned man sought access to an independent mental health examination presented at trial.

    Courts ultimately blocked four of the eight planned executions. The other four inmates were put to death.

    By the times the U.S. high court ruled in favor of the Alabama prisoner in McWilliams v. Dunn, Arkansas' supply of a drug needed to conduct executions had expired.

    Davis' attorneys are now asking justices in Arkansas to apply the same right to independent mental health examinations to Davis and Ward, whose executions remain on hold.

    The Arkansas Department of Correction announced in August that it has again obtained a supply of drugs to carry out lethal injections, and Hutchinson set a Nov. 9 execution date for Jack Gordon Greene, who was not among those set to die in April.

    Stays remain in place for three of the men granted April reprieves, and Hutchinson has since granted clemency to a fourth condemned man.

    http://m.arkansasonline.com/news/201...tion-stay-den/
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #40
    Senior Member CnCP Legend Mike's Avatar
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    3 Arkansas inmates press challenges in death penalty cases

    By The Associated Press

    LITTLE ROCK — Three inmates whose lives were temporarily spared amid a flurry of executions last year are heading back to court, hoping to show that Arkansas officials would violate the rights of mentally ill death row prisoners if they end the men's lives.

    Separate arguments are scheduled Thursday in the Arkansas Supreme Court for Bruce Ward and Don Davis, who came within hours of being put to death last April in what had been set as the first in a series of four double executions. Documents are also due next month in the case of Jack Greene, who had been scheduled to die last November.

    Arkansas justices called off Ward's and Davis' executions as the U.S. Supreme Court looked into whether criminal defendants are entitled to independent mental health experts. They stopped Greene's to consider whether Arkansas' prison director is an adequate judge of the inmate's mental health. Ward makes a similar claim in another case.

    It's possible, but unlikely, that Arkansas could execute anyone before its current full batch of lethal injection drugs expires March 1. Seventy-five vials of the muscle relaxant vecuronium bromide must be tossed out after March 1; the state uses five per execution.

    Gov. Asa Hutchinson's office said it wouldn't speculate on how quickly he might set an execution date if the men lose their appeals. The attorney general's office said only that it would give the governor the appropriate notice if the men's status changes.

    Arkansas typically gives inmates seven to eight weeks' notice before an execution. March 1 is five weeks away.

    Prison officials have not said whether they have a supplier standing by to replace its current stock of lethal injection drugs. Arkansas' potassium chloride supply expires Aug. 31 and its midazolam is good through Jan. 31, 2019.

    Midazolam sedates inmates, vecuronium bromide stops their lungs and potassium chloride stops their hearts.

    Arkansas executed four prisoners in an eight-day period last spring, rushing to put the men to death before their existing supply of midazolam expired April 30. They had scheduled eight executions in an 11-day period, but Ward and Davis received stays, one inmate was given more time to raise a claim of innocence and another won clemency.

    Davis is closest to exhausting his appeals. Last April, public defenders argued he received inadequate assistance on his mental health claims. Arkansas justices stopped his execution because, at the time, the U.S. Supreme Court was considering a similar case from Alabama's death row. The nation's highest court ultimately ordered a new examination into whether the Alabama inmate, James McWilliams, was substantially harmed by the trial court's error.

    Ward raises the same issue as Davis and in a separate case argues the director of the Arkansas Department of Correction is not qualified to assess whether he is mentally competent to understand his execution. His lawyers contend the decision would best be left to medical experts because Wendy Kelley's boss, Hutchinson, sets execution dates and her dual roles as both the executioner and the "arbiter of sanity" present a conflict of interest.

    Lawyers for the state said Kelley is a "neutral state officer" who merely carries out sentences imposed by the courts.

    Greene, who appeared before the state Parole Board last year with rolled-up tissues stuck in his ears, also argues that Kelley shouldn't assess his mental status.

    Defense lawyers said Ward has a lifelong history of severe mental illness, including schizophrenia, and Davis has an IQ score indicating an intellectual disability.

    http://www.arkansasonline.com/news/2...eath-penalty-/

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