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.
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