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Thread: John Fitzgerald Hanson - Oklahoma Death Row

  1. #41
    Administrator Aaron's Avatar
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    Didn't Judge O'Connor say it needed to be filed in a different court? That could be next. Oklahoma can always appeal. Although it looks like Oklahoma will have to wait until a Republican President is elected unfortunately.
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  2. #42
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Yeah, I think Hanson is safe for now. Are the remaining scheduled inmates all in Oklahoma, or is there some other guest of a different jurisdiction?

  3. #43
    Moderator Bobsicles's Avatar
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    All the rest are at OSP except for William Reece who is at the Polunsky Unit in Texas
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  4. #44
    Senior Member Frequent Poster Fact's Avatar
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    Quote Originally Posted by Aaron View Post
    Didn't Judge O'Connor say it needed to be filed in a different court? That could be next. Oklahoma can always appeal. Although it looks like Oklahoma will have to wait until a Republican President is elected unfortunately.
    There were two distinct causes of action in Oklahoma's complaint (as far as I remember). The first was a motion for a writ of habeas corpus (should have been labeled a petition) and a request for a preliminary injunction. Judge O'Connor dismissed the habeas motion for lack of jurisdiction because it wasn't filed in the district where Hanson is being held, which is required under 28 U.S.C. sec. 2241.

    Judge O'Connor isn't going to bend over backwards to accommodate the federal government. This appears to be a mix between bad lawyering from Oklahoma and a bad statute.

  5. #45
    Senior Member CnCP Legend Mike's Avatar
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    State assessing next steps in transfer denial of death row inmate

    By Derrick James
    McAlster News Captial

    The Oklahoma Attorney General’s Office “is assessing the appropriate next steps” after a federal judge dismissed a transfer request for a death row inmate to carry out his death sentence.

    U.S. District Judge Reed O’Connor dismissed this week a request made by Oklahoma Attorney General John O’Connor and District 14 District Attorney Steve Kunzweiler for a preliminary injunction into the U.S. Bureau of Prison’s denial to transfer Oklahoma death row inmate John Hanson into state custody.

    Both the AG and Kunzweiler made a request to the BOP for Hanson’s transfer to state custody so Hanson’s death sentence could be carried out on Dec. 15. The BOP refused to transfer Hanson stating the transfer was “not in the public’s best interest.”

    In court documents filed by the AG’s Office to the Oklahoma Court of Criminal Appeals, attorneys wrote the office “formally requested” Gov. Kevin Stitt on Dec. 12 to issue an executive order to postpone Hanson’s execution date and “select a new execution date.”

    The AG’s Office stated that request was denied Dec. 14 and wrote Stitt “does not intend to issue an executive order postponing Hanson’s execution date.”

    A request for comment from the governor’s office regarding the denial was not received at the time the article was being produced Friday.

    “At this point, the state is unable to proceed with Hanson’s execution as scheduled,” the AG’s Office wrote. “In the meantime, the state has continued to review the district court’s order and is assessing the appropriate next steps, including whether to appeal the district court’s decision or whether other action is necessary and warranted.”

    Hanson was convicted and sentenced to death in Tulsa County District Court for the deaths of 77-year-old Mary Bowles and 44-year-old Jerald Thurman.

    Federal prison records show Hanson is currently serving a life sentence plus 107 years in a Louisiana federal prison for a series of armed robberies he committed after the murders.

    In its lawsuit, Oklahoma prosecutors argued the BOP violated federal transfer statute which states the federal prisons director can order a prisoner’s transfer to a state detention facility prior to their release from a federal prison if the request is made by a state executive authority, present a certified copy of the judgement, and “the director find that the transfer would be in the public interest.”

    State authorities argued the federal government’s denial to transfer Hanson in the name of public interest “would mean that Hanson will never face justice for his murder of Bowles" and “if Hanson is transferred, state and federal justice will both be achieved.”

    Attorneys for the BOP argued the court had no jurisdiction to review the claim due to the suit not being filed in the proper district and that if the court did so, the statute gives the BOP director “broad discretion over whether to refuse a transfer request based on his determination of the public interest.”

    In his ruling, Judge O’ Connor wrote the state never demonstrated how the BOP director violated the statute.

    “Rather than demonstrate how the BOP Director has violated a clear statutory command, plaintiffs invite this court to engage in a debate about the public interest when Congress has clearly limited such review,” O’Connor wrote. “The court declines that invitation.”

    https://www.mcalesternews.com/news/s...8b974b860.html
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