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Thread: Stacey Eugene Johnson - Arkansas Death Row

  1. #11
    Administrator Heidi's Avatar
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    With new lethal injection law in place, Arkansas AG wants execution stays lifted for 6 inmates

    The Arkansas attorney general's office has filed a motion to lift stays of execution in place for six death-row inmates who have challenged the constitutionality of the state's lethal injection law.

    The motion, filed last week in the Arkansas Supreme Court, wants stays lifted for Jack Jones, Marcel Williams, Jason McGhee, Don Davis, Bruce Ward and Stacey Johnson. The inmates have all exhausted their appeals.

    Last year, the Arkansas Supreme Court struck down the state's execution law. The Legislature enacted a new death penalty law last month.

    The new law spells out in greater detail the procedures the state must follow in carrying out executions. It says the state must use a lethal dose of a barbiturate, but leaves it up to Department of Correction to determine which one.

    http://www.therepublic.com/view/stor...nalty-Arkansas
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  2. #12
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    Jones, Williams, McGehee, Davis, Ward, and Johnson v Hobbs

    Opinion Date: April 11, 2013

    Court: Arkansas Supreme Court

    In Hobbs v. Jones, Petitioners challenged Arkansas's method-of-execution statute (the statute). Prior to submission, Petitioners filed renewed motions for stays of execution during the pendency of their appeal, which the Supreme Court granted. In Hobbs, the Court held that the statute violated the Arkansas Constitution's separation-of-powers doctrine. The mandate issued on July 11, 2012. The General Assembly subsequently enacted Act 139 or 2013, which amended the statute. On March 8, 2013, the Arkansas Department of Correction and its director (collectively, Respondents) filed a motion to lift the stays of execution. On March 18, 2013, Petitioners opposed lifting the stays and filed a motion to take the matter as a case, claiming that the Court must now determine whether Act 139 passed constitutional muster. The Supreme Court (1) declared moot Respondents' motion to lift the stays of execution, as the stays of execution dissolved upon the issuance of the Court's mandate on July 11, 2012; and (2) denied Petitioners' request to take the matter as a case, as the Court did not have original jurisdiction of the matter.
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  3. #13
    Administrator Moh's Avatar
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    McDaniel seeks executions for 7 felons

    Arkansas' attorney general is asking the state's governor to set execution dates for seven death-row inmates.

    Attorney General Dustin McDaniel sent seven letters to Gov. Mike Beebe late Thursday requesting that execution dates be set for Don Davis, Stacey Johnson, Jack Jones, Jason McGehee, Bruce Ward, Kenneth Williams and Marcel Williams.

    McDaniel noted in the letters that six of the seven inmates — all but Davis — are challenging the state's new lethal injection law. Arkansas is changing the drugs it uses to put inmates to death.

    Despite the challenge, McDaniel said there aren't any court orders in place preventing the executions.

    Arkansas currently doesn't have any pending executions. The state last executed an inmate in 2005.

    http://www.arkansasonline.com/news/2...ions-7-felons/

  4. #14
    Senior Member CnCP Legend Mike's Avatar
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    Arkansas Governor Asked to Set Execution Dates for 8 Inmates

    Arkansas attorney general has asked Gov. Asa Hutchinson to set execution dates for eight death row inmates in what would be the state's first executions in a decade.

    A spokesman for Attorney General Leslie Rutledge confirmed Tuesday that the request was made. A spokesman for Hutchinson said the governor did not have an immediate timeline for when he would set the dates.

    The Arkansas Department of Correction purchased enough of the three-drug combination used in the state's new execution protocol in late July to perform the executions. A state law passed this year lets the department buy the drugs secretly, as in other states.

    According to an invoice in which the name of the supplier is blacked out, the department paid $24,226 for the three drugs needed for lethal injections, including the sedative midazolam.

    Midazolam was implicated after executions last year in Arizona, Ohio and Oklahoma went on longer than expected, with inmates gasping and groaning as they died. The U.S. Supreme Court in June approved continued use of the drug, rejecting a challenge from three Oklahoma inmates now set to be put to death in September and October.

    Rutledge's spokesman Judd Deere said there were eight letters sent, one each for inmates Bruce Earl Ward, Don William Davis, Jack Jones, Jason McGehee, Kenneth Williams, Marcel Williams, Stacey Johnson and Terrick Nooner.

    The eight men have exhausted their court appeals for their criminal convictions, but the inmates filed a joint lawsuit in April when the law was passed allowing the state to keep the manufacturer of the drugs a secret.

    Attorney Jeff Rosenzweig, who represents the eight inmates, said Tuesday he plans to "file the appropriate pleadings in the appropriate courts to delay any execution date that the governor might set."

    Arkansas has not executed an inmate since 2005 because the state's execution law had been challenged in court.

    http://abcnews.go.com/US/wireStory/a...mates-33459361
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  5. #15
    Administrator Heidi's Avatar
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    Arkansas Governor Sets Execution Dates After 10-Year Gap

    Arkansas will resume lethal injections after a 10-year gap with a double execution next month, Gov. Asa Hutchinson said Wednesday as he announced execution dates for eight death-row inmates.

    Arkansas hasn't executed an inmate since 2005, largely because of court challenges to the state's lethal injection law and a nationwide shortage of drugs that Arkansas has used during executions.

    But last week, Attorney General Leslie Rutledge sent letters to the governor requesting that execution dates be set. Rutledge said the inmates' appeals had been exhausted, and the state Department of Correction said it had enough doses of its lethal-injection drugs to perform the executions.

    Hutchinson set four dates through January, meaning two men are scheduled to be executed on each date. But he acknowledged that challenges are likely.

    "Quite frankly I would expect continued litigation in it, but it's my understanding that all of the appeals have been exhausted and that there is a finality in the judgment and that is the reason the Attorney General has asked for those dates to be set," Hutchinson said.

    One pending lawsuit challenges a new state law that allows the Correction Department not to disclose how it obtains its execution drugs. Attorney Jeff Rosenzweig, who is representing the eight inmates in the lawsuit, said he and other lawyers are working on filing motions to delay the executions.

    "We think the lethal injection lawsuit presents serious issues that need to be resolved first before any executions can take place," he said Wednesday.

    Federal courts, including the U.S. Supreme Court, have rejected similar arguments used by inmates in Missouri, Texas and other states that also allow prisons to keep their drug suppliers' names secret.

    The first two executions are scheduled Oct. 21 for death-row inmates Bruce Earl Ward and Don William Davis.

    Ward, a former perfume salesman, was convicted in the 1989 killing of 18-year-old Rebecca Doss, whose body was found in the men's bathroom of the convenience store where she worked. Davis, who had an execution date set in 2006 that was later stayed, was sentenced to death for the 1990 killing of Jane Daniels in northwest Arkansas.

    The other execution dates are set for Nov. 3, Dec. 14 and Jan. 14.

    Arkansas has executed 27 people since the U.S. Supreme Court reauthorized the death penalty in 1976, though none since Eric Nance was put to death in 2005 for the killing of 18-year-old Julie Heath of Malvern.

    Arkansas's execution protocol calls for a three-drug process. The Department of Correction said that as of July 1, it had enough of the drugs, including midazolam, to perform the executions.

    Midazolam was implicated after executions last year in Arizona, Ohio and Oklahoma went longer than expected, with inmates gasping and groaning as they died. The U.S. Supreme Court approved continued use of the drug in June, rejecting a challenge from three Oklahoma death-row inmates.

    http://abcnews.go.com/US/wireStory/a...r-gap-33637772
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  6. #16
    Senior Member CnCP Legend Mike's Avatar
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    On death row, clemency asked

    A death-row inmate, scheduled to be executed in November, has requested executive clemency, a state Parole Board official said Thursday.

    Stacey Johnson, 45, filed the request Wednesday. Granting the request can mean either total forgiveness for the crime or a reduction of the criminal penalty, said Parole Board administrator Solomon Graves.

    Johnson and Terrick Nooner, 44, are scheduled to die by lethal injection Nov. 3. Nooner had not requested clemency as of late Thursday, but has until noon Monday to do so, Graves said.

    The Parole Board will hold a clemency hearing with Johnson at the Arkansas Department of Correction's Varner unit in Gould at 9:30 a.m. Oct. 15. The second part of the hearing -- which includes the state's objection to the clemency as well as victim-impact testimony -- will be at 1 p.m. Oct. 15 at the Parole Board's office in Little Rock.

    The Parole Board will consider the application and the testimony, then make a recommendation to Gov. Asa Hutchinson to either grant the clemency or deny it. The governor is not obligated to follow the board's decision.

    Death-row inmates Bruce Ward, 58, and Don Davis, 52 -- who are set to die by lethal injection Oct. 21 -- did not submit clemency requests by the Sept. 21 deadline, Graves said.

    Besides Johnson, Nooner, Ward and Davis, inmates Marcel Williams and Jack Jones Jr. are scheduled to be executed Dec. 14 and Jason McGehee and Kenneth Williams are scheduled to die Jan. 14. All eight have exhausted all standard appeals. Williams and Jones have until Nov. 3 to request clemency and McGehee and Williams have until Dec. 4 to request it.

    Last week, the 8th U.S. Circuit Court of Appeals declined Ward's request for a review of his death-sentence case.

    A lawsuit filed in June in Pulaski County Circuit Court by all eight men asking the prison system to disclose the source of its execution drugs is pending. Jeff Rosenzweig, an attorney for all eight men, has said that he will ask the court to delay the executions.

    http://www.arkansasonline.com/news/2...50925/?f=crime
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  7. #17
    Senior Member CnCP Legend Mike's Avatar
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    Arkansas judge halts scheduled executions of eight inmates

    An Arkansas judge issued an order on Friday that temporarily blocked the scheduled executions of eight convicted murderers after lawyers for the death row inmates challenged secrecy provisions in the state's lethal injection procedures.

    Arkansas, one of the 31 U.S. states with the death penalty, has not carried out an execution since 2005 but had planned to resume capital punishment on Oct. 21 with two executions.

    Pulaski County Circuit Judge Wendell Griffen took the action after lawyers for the inmates argued on Wednesday that provisions keeping secret the name of the vendors who provide the drugs used in lethal injections violated state law.

    The judge issued a temporary restraining order for the executions to further examine the arguments, saying that "this action is Plaintiffs' only legal remedy by which they can challenge the Method of Execution Statute and execution protocol that will effectuate their deaths."

    The Arkansas General Assembly this year enacted a statute allowing the identity of vendors of the pharmaceuticals to be withheld from the public. The condemned inmates contend the state must identify the suppliers of the drugs in accord with a settlement in an earlier case.

    Arkansas is the only state in the U.S. South to have not carried out an execution in recent years. Legal and political battles over death chamber procedures and stays of executions for other inmates have been the main reasons why the state has not carried out an execution since 2005.

    http://www.reuters.com/article/2015/...0S32FS20151009
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  8. #18
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    Death row inmate conivcted in '93 slaying asks board for clemency

    One of eight Arkansas death row inmates whose executions were stayed by a circuit court is asking the Arkansas Parole Board for clemency.

    Stacey Eugene Johnson's defense attorney, Jeff Rosenzweig, told the board Thursday that Johnson may be innocent and his sentence should be commuted to life without parole.

    Johnson was convicted in the 1993 death of Carol Heath, who was killed while her two young children were home.

    Rosenzweig said one child was deemed incompetent to testify and her statements should not have been read to the jury. He also said Johnson was denied access to the child's competency records for a second trial.

    Heath's family and the state — which is appealing the stays of the executions — are to speak to the parole board Thursday afternoon.

    http://www.arkansasonline.com/news/2...rd-c/?f=latest
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #19
    Administrator Moh's Avatar
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    Board votes against clemency for Arkansas death row inmate

    LITTLE ROCK, Ark. (AP) - The Arkansas Parole Board says an inmate once scheduled to die next month shouldn't receive clemency.

    The board said Tuesday it had voted 5-2 to recommend that Gov. Asa Hutchinson deny a clemency request from inmate Stacey Eugene Johnson. The Arkansas Supreme Court issued a stay earlier Tuesday for eight inmates who had been set to die in a series of executions starting Wednesday.

    Johnson wanted his death sentence commuted to life without parole, saying he was denied access to certain records during a second trial. He was convicted of capital murder in the death of Carol Heath, who was killed while her two young children were home. Her daughter, Ashley Heath, had asked the board to commute Johnson's sentence.

    Hutchinson will have final say on the request.

    http://www.thv11.com/story/news/loca...mate/74294708/

  10. #20
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    In today's orders, the United States Supreme Court declined to review Johnson's petition for certiorari.

    Docketed: October 20, 2016
    Linked with 16A336
    Lower Ct: Supreme Court of Arkansas
    Case Nos.: (CV-15-992)
    Decision Date: June 23, 2016
    Rehearing Denied: July 21, 2016

    The petition for a writ of certiorari is denied. Justice
    Sotomayor, with whom Justice Breyer joins, dissenting from the
    denial of certiorari: I dissent from the denial of certiorari
    for the reasons set out in Arthur v. Dunn, 580 U.S. ___ (2017)
    (Sotomayor, J., dissenting from denial of certiorari).
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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