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Thread: Anthony Boyd - Alabama Death Row

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    Administrator Michael's Avatar
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    Anthony Boyd - Alabama Death Row




    Summary of Offense:

    In a dispute over a drug debt, Boyd and three others taped Gregory Huguley to a bench, doused him in gasoline and set him on fire on July 31, 1993.

    Boyd was sentenced to death in 1995.

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    Senior Member CnCP Legend JLR's Avatar
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    Oral arguments are scheduled in the Eleventh Circuit on the 13th of June.

    http://www.ca11.uscourts.gov/calenda...f/CAL_Boyd.pdf

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    ANTHONY BOYD v COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL OF THE STATE OF ALABAMA,

    In today's Eleventh Circuit Court of Appeals opinions, the court AFFIRMED the district court's DENIAL of Boyd's federal petition for writ of habeas corpus.
    An uninformed opponent is a dangerous opponent.

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    On November 27, 2012, the Eleventh Circuit denied Boyd's petition for a rehearing en banc.

    http://www.supremecourt.gov/Search.a...es/12-9391.htm

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    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Boyd's petition for writ of certiorari was DENIED.
    An uninformed opponent is a dangerous opponent.

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

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    State adopts new execution drugs, seeks death date for 9 inmates

    MONTGOMERY — Alabama this week adopted a new drug protocol for executions by lethal injection and began seeking execution dates for nine inmates on death row.

    Those inmates saw their execution dates indefinitely postponed earlier this year, when state officials ran out of drugs used in executions.

    Several states have faced shortages of those drugs in recent years, largely because drug manufacturers in Europe — where there's substantial opposition to capital punishment — have refused to sell drugs to states for use in executions. In response to the shortage, several states have sought out new combinations of lethal injection drugs.

    Some death-row inmates have filed suits arguing that the use of those experimental drug combinations could lead to pain during executions, violating the constitutional ban on cruel and unusual punishment.

    Tommy Arthur is one of those inmates. Arthur, sentenced to death for the murder-for-hire of a Muscle Shoals man in the 1980s, was originally scheduled for lethal injection in 2012. He filed suit on the grounds that the state had only recently switched to a new lethal injection drug, pentobarbital. Two other Alabama inmates have similar suits pending.

    State officials acknowledged in March that Alabama no longer had a supply of pentobarbital — leaving Alabama without the drugs it needed to carry out executions.

    In motions filed Thursday with the Alabama Supreme Court, state officials say they now have a new drug protocol for executions. Under the protocol, adopted Wednesday, inmates would be injected with midazolam hydrochloride, an anesthetic; rocuronium bromide to relax the muscles; and potassium chloride to induce cardiac arrest.

    The drug combination is "virtually identical to Florida's newly-revised protocol which has been ruled constitutional," according to the state's motion.

    The protocol has been used for seven executions in Florida, the motion states.

    Midazolam, the first drug in the protocol, has been used in botched executions in other states this year. An Ohio execution in January took 25 minutes, with the inmate gasping for breath, according to accounts in the press. In May, an Oklahoma inmate died 43 minutes after first being lethally injected. Both executions used midazolam.

    Florida’s recent executions haven’t presented the same problems, said Richard Dieter, director of the Death Penalty Information Center, a nonprofit group which studies the death penalty.

    Still, Dieter said, problems might be harder to spot under Florida’s drug protocol because the second drug in the sequence paralyzes the inmate.

    “It’s hard to tell when a paralytic is the second drug,” Dieter said. “They could be conscious or experiencing pain, but they can’t show that.”

    The state filed nine motions seeking execution dates for Arthur as well as inmates David Lee Roberts, Anthony Boyd, Christopher Eugene Brooks, Demetrius Frazier, Gregory Hunt, William Ernest Kuenzel, Robin Dee Myers and Christopher Lee Price.

    The motion in Arthur's case was the first to come to light Friday morning. The Star's attempts to reach Arthur's lawyer, Suhana Han, were not immediately successful Friday morning.

    Jennifer Ardis, a spokeswoman for Gov. Robert Bentley, said the state was ready to carry out the executions.

    "Obviously, the decision to execute an inmate is a serious one, and the governor supports the legal process," Ardis said. "We have a new protocol and the Department of Corrections is ready to carry out an execution order."

    One Alabama death penalty opponent said she didn’t understand the drive to resume executions.

    “I’m disgusted,” said Esther Brown, an activist for Project Hope for Abolition of the Death Penalty. “I’m disgusted with our compulsion, our need, to kill. I just don’t understand it.”

    The state hasn’t executed an inmate since July 2013, when Andrew Reid Lackey died by lethal injection for the 2005 murder of an Athens man.

    http://www.annistonstar.com/news/art...1c5521f3f.html

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    Hanging and firing squads not an option in Alabama, judge tells 2 inmates

    A federal judge in rulings this week rejected suggestions by two Alabama death row inmates that they could be executed by hanging or firing squads.

    At least eight Alabama death row inmates have filed lawsuits challenging the state's current three-drug lethal injection protocol for executions as cruel and unusual punishment under the U.S. Constitution.

    Based on a recent U.S. Supreme Court ruling, in order to prevail on method-of-execution claims of cruel and unusual punishment, inmates must also name an alternative form of execution that is "feasible, readily implemented" and significantly reduces a substantial risk of severe pain.

    Attorneys for Tommy Arthur suggested the firing squad as one alternate method. He also suggested lethal injection by pentobarbital and sodium thiopental. State officials have argued that the state no longer has a supply of those two drugs.

    Arthur was convicted in the 1982 murder of Troy Wicker of Muscle Shoals. The stay of Arthur's scheduled execution earlier this year marked the sixth time his execution had been postponed.

    U.S. District Court Judge Keith Watkins, in an order issued Monday, stated that Arthur's lawsuit could continue on the arguments that pentobarbital and sodium thiopental are alternate methods. The judge stated Arthur's lawsuit also could continue with the allegations concerning the constitutional inadequacy of the drug midazolam as used in the state's current three-drug lethal injection protocol.

    But the judge denied Arthur's suggestion of a firing squad. "This is because execution by firing squad is not permitted by (Alabama) statute and, therefore, is not a method of execution that could be considered either feasible or readily implemented by Alabama at this time," the judge stated in his order.

    Wakins ordered Arthur to file on or before October 13, 2015, a proposed amended complaint with references to a firing squad being removed. The judge denied the Alabama Attorney General's Office's motion to dismiss Arthur's lawsuit, but said they could refile the request after Arthur has amended his complaint.

    Watkins, in an order issued Wednesday, dismissed death row inmate Anthony Boyd's lawsuit.

    Boyd and another man were convicted for helping take Gregory Huguley to a baseball park in Munford on July 31 1993, where he was taped to a bench, soaked with gasoline and burned to death because Huguley owed Boyd and others $200 for cocaine.

    In dismissing Boyd's lawsuit Watkins stated that neither of Boyd's suggested alternative methods of execution - hanging or firing squad – met the requirements for challenging the state's current execution method.

    Hanging and firing squad are two methods not permitted by statute in Alabama, Watkins wrote again in the order in Boyd's case. "Thus, implementing them without lethal injection and electrocution first being declared unconstitutional would require a statutory amendment. Moreover, the fact that other states have the option to use those methods of execution does not make them feasible or readily available for use by Alabama," the judge stated.

    None of the eight inmates who have current lawsuits challenging the state's three-drug lethal injection protocol have suggested the electric chair, which is allowed in Alabama under certain circumstances.

    Attorneys for five of the inmates - Demetrius Frazier, Carey Dale Grayson, David Lee Roberts, Robin Dion Myers, and Gregory Hunt - suggested a single dose of pentobarbital, a single dose of sodium thiopental or a single larger dose of midazolam.

    The Attorney General's office said it would agree to using a single larger dose just for the execution of those five inmates. But the AG's office still contends its three-drug protocol using midazolam as the first drug in the series is constitutional.

    The AG's office also has asked that a similar lawsuit by death row inmate Christopher Lee Price be dismissed. Price has alleged that "properly compounded versions of either pentobarbital or sodium thiopental" are alternatives to midazolam that are readily available to Alabama. The AG has said that's not the case and Price has not shown where the state could get them.

    Boyd's attorney, Jennifer Ioli, declined comment. Efforts to reach Arthur's attorney for comment prior to the publication of this story were unsuccessful.

    http://www.al.com/news/birmingham/in...quads_not.html

  8. #8
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    Anniston inmate’s death row fate still uncertain, despite ruling

    Former Anniston resident Anthony Boyd may be closer to execution than any of the 186 people currently on Alabama’s death row.

    But three weeks after a federal court rejected his most recent appeal, Boyd’s eventual fate is still unclear.

    “We have not yet requested an execution date for Anthony Boyd,” Mike Lewis, spokesman for the Alabama attorney general’s office, wrote in an email Thursday.

    Boyd, sentenced to death for the 1993 murder of Anniston resident Gregory Huguley, is one of several inmates for whom Alabama prosecutors sought execution dates last year.

    Those executions didn’t happen. Boyd and six other inmates, each acting separately, challenged Alabama’s lethal injection methods in court. The state’s execution plan included first injecting inmates with the drug midazolam, to kill pain; then rocuronium to relax the muscles; and finally potassium chloride to stop the heart. Boyd and other inmates argued that midazolam wouldn’t stop the pain of execution and therefore constituted cruel and unusual punishment.

    Alabama hasn’t executed an inmate since 2013, due to court challenges and shortages of drugs. Boycotts by drugmakers have made execution drugs harder for most states to get.

    The tide seemed to turn against Alabama inmates' execution challenges in the summer, when the U.S. Supreme Court ruled in favor of the use of midazolam in Oklahoma. After the ruling, U.S. District Judge W. Keith Watkins asked the Alabama inmates to suggest alternatives to Alabama’s three-drug protocol that would be more humane.

    Boyd asked to be executed by either hanging or the firing squad, neither of which is allowed by Alabama law.

    Watkins earlier this month rejected Boyd’s request – and dismissed his case, leaving no clear legal barrier to his execution.

    “Simply stated, Boyd has failed to meet his burden… to plead a feasibly and readily available alternative to Alabama’s current method of execution,” Watkins wrote.

    Court records show no new court challenge to Boyd’s execution has been filed since the case was dismissed. Attempts to reach Boyd’s lawyer, Jennifer Ioli, were unsuccessful Thursday.

    Lewis, the attorney general’s spokesman, offered no explanation why the state has not yet sought an execution date for Boyd. John Palombi, a federal public defender who is representing four other inmates, said the deadline for challenging the ruling in court may not yet have run out in Boyd’s case.

    Palombi’s clients, when challenged to provide an alternative to the three-drug protocol, suggested various other drug combinations. Palombi and prosecutors are scheduled to meet to discuss those cases next week; Palombi said the cases are not near their end.

    “Nothing final is going to happen next week,” he said.

    http://www.annistonstar.com/news/ann...70e2e917d.html

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    On September 14, 2016, oral argument will be heard in Boyd's appeal before the US Court of Appeals for the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...20public_0.pdf

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    Death row inmate asks for hanging or firing squad; court says no

    In his last-ditch appeal, condemned inmate Anthony Boyd asked the state of Alabama to carry out his execution by either hanging him or putting him in front of a firing squad.

    But the federal appeals court in Atlanta on Tuesday rejected Boyd’s request and cleared the way for his execution by lethal injection.

    Boyd had challenged Alabama’s new lethal injection protocol, alleging it violates his Eighth Amendment right to be free from cruel and unusual punishment.

    Instead, he noted, legislatures in Utah and Oklahoma have approved the firing squad, which has a good track record of “speed and certainty for the condemned.” In the alternative, hanging is an option that has been approved by lawmakers in Delaware, New Hampshire and Washington. And Alabama is “fully capable” of approving those execution methods as well, the appeal said.

    The 11th U.S. Circuit Court of Appeals, in a ruling written by Judge Stanley Marcus, said Alabama gives condemned prisoners the choice between two methods of execution: lethal injection and electrocution.

    Also, Marcus wrote, the law is clear. Inmates challenging a method of execution must prove there is an alternative method of execution “that is feasible, readily implemented and in fact significantly reduces the risk of pain posed by the state’s planned method of execution,” he said.

    "The Alabama legislature is free to choose any method of execution that it deems appropriate, subject only to the constraints of the United States Constitution,” Marcus wrote.

    “But Boyd has not alleged that either lethal injection in all forms or death by electrocution poses and unconstitutional risk of pain,” he noted. “Having authorized two unchallenged methods of execution, Alabama is under no constitutional obligation to experiment with execution by hanging or firing squad.”

    Marcus added, “Notably, Boyd did not propose an alternative drug cocktail that the state could use in his execution.”

    Boyd was sentenced to death in 1995 for the kidnapping and murder of Gregory Huguley. On July 31, 1993, Boyd and three accomplices forced Huguley into a van at gunpoint. They drove him to a park where, despite his repeated pleas for mercy and promises to repay them, they doused him with gasoline and set him on fire.

    http://legal.blog.ajc.com/2017/05/09...-firing-squad/
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