LethalInjection.org

Court Orders

 

This section contains court orders from lethal injection litigation around the country.  The material is organized by jurisdiction and case. Appellate opinions that are easily accessible elsewhere may not be posted here.  If you have orders that you believe should be posted, please contact us.

	Alabama	Indiana	North Carolina
	Arizona	Kentucky	Ohio
	Arkansas	Maryland	Oklahoma
	California	Mississippi	Tennessee
	Delaware	Missouri	Texas
	Florida	Montana	Virginia
	Georgia	Nevada

 

 

Alabama

 

Daniel Siebert v. State of Alabama

11th Circuit

• Order Staying Execution (October 24, 2007)

Thomas D. Arthur v. Allen

• Governor Riley's 45 Day Stay (September 27, 2007)

U.S. Supreme Court

• Stay of Execution (December 5, 2007)
  

Grayson v. Allen

Eleventh Circuit

• Affirmance of Dismissal of 1983 on Equitable Grounds (July 16, 2007)

 

Jones v. Allen

Eleventh Circuit

• Order Denying Motion for Stay (April 17, 2007)

• 11th Circuit Affirming the District Court Order (April 27, 2007)

 

Callahan v. Allen

U.S. District Court for the Middle District of Alabama

• Memorandum Opinion and Order (December 14, 2007)

11th Circuit

• Order Vacating Stay of Executions (January 29, 2008)

Supreme Court of the United States

• Stay of Execution (January 31, 2008)

 

Arizona

 

State of Arizona v. Landrigan

Supreme Court of Arizona

• Order Granting Landrigan's Stay of Execution (October 11, 2007)

 

Arkansas

 

Nooner et al. vs. Norris et al.

• District Court Order Denying State's Motion to Dismiss for Failure to State a Claim (June 19, 2006)

• District Court Order Granting Preliminary Injunction and Issuing Stay of Execution (June 26, 2006)

Jack Jones v. Norris

Supreme Court of the United States

• Order Denying Application to Vacate Stay w/Scalia Dissent (October 16, 2007)

Don William Davis v. Norris

US District Court Eastern District of Arkansas

• Stay of Execution (October 30, 2007)

 

California

 

Michael Angelo Morales v. Hickman

U.S. District Court for the Northern District of California

• Order Conditionally Denying Preliminary Injunction (Feb. 14, 2006)

• Order on Defendant's Motion to Proceed with Execution Under Alternative Condition (Feb. 21, 2006)

• Stipulated Order Continuing Evidentiary Hearing to September 19, 2006 (April 27, 2006)

• Order on Pending Motions (September 22, 2006)

• Judge Fogel's Request for Briefing (October 3, 2006)

• Court's Memorandum of Intended Decision (December 15, 2006)

• Order Denying Motion for Protective Order (March 6, 2007)

• Order Following Grant of Certiorari in Baze v. Rees (September 27, 2007)

Michael Morales and Mitchell Sims v. California Department of Corrections (APA Litigation)

Superior Court of Marin County

• Order Declaring Lethal Injection Protocol Invalid (October 31, 2007)

 

Delaware

 

Jackson v. Taylor, et al.

United States District Court

• Order Granting PI and Stay of Execution (May 9, 2006)

 

Florida

 

Hardwick v. Bryant

• Order Denying Motion to Dismiss (December 18, 2007)

Lightbourne v. State of Florida

Fifth Judicial Circuit

• Written Order Staying Execution and Ordering State to Revise Protocol (July 31, 2007)

• Order Denying Petition to Declare Lethal Injection Unconstitutional, September 10, 2007

Florida Supreme Court

• Opinion finding LI Procedures Do Not Violate Eighth Amendment (November 1, 2007)

 

Mark Schwab v. State of Florida

Florida Supreme Court

• Order Denying Successive Motion for Post Conviction Relief (November 1, 2007)

U.S. District Court for the Middle District of Florida

• Order Staying Execution (November 14, 2007)

Clarence Edward Hill v. State of Florida

• Opinion of the U.S. Supreme Court (June 12, 2006)

 

Georgia

 

Curtis Osborne v. Hilton Hall

Supreme Court of Georgia

• Stay of Execution (October 22, 2007)

Hightower- State APA

Superior Court of Fulton County

• Order Denying TRO and/or Stay (June 25, 2007)

Georgia Supreme Court

• Order Denying Appeal (June 26, 2007)

Alderman v. Donald et al.

United States District Court for the Northern District of Georgia

• Order Denying State's Motion to Dismiss on Statute of Limitations Grounds (July 30, 2007)

Alderman v. Hilton Hill

Supreme Court of Georgia

• Order granting Stay of Execution (October 18, 2007)

Zitrin

Superior Court of Fulton County

• Final Order Granting Defendant's Motion to Dismiss (July 28, 2006)

 

Indiana

 

Timberlake, et. al. v. Buss

Federal District Court for the Southern District of Indiana

• Order Denying State's Motion for Summary Judgment for Failure to Exhaust Remedies (May 1, 2007)

 

Kentucky

 

Baze et al v. Rees et al.

Circuit Court- Franklin County

• Opinion of Franklin County, Kentucky Circuit Court (July 8, 2005)

Kentucky Supreme Court

• Opinion of KY Supreme Court Holding that LI Does Not Violate 8th Amendment (November 22, 2006)

United States Supreme Court

• Opinion

 

Maryland

 

Vernon Evans, Jr. v. State of Maryland

 

Maryland Court of Appeals

• Ruling on Maryland's Lethal Injection Procedures (Dec. 19, 2006)

Administrative Proceedings

• ALJ's Proposed Ruling on Cross Motions for Summary Judgment (June 2, 2006) and DOC Secretary's Reversal of ALJ's Proposed Ruling (June 27, 2006)

 

Mississippi

 

Earl Wesley Berry v. Epps

Supreme Court of Mississippi

• Order of Execution (October 11, 2007)

• Order Dismissing Successor (October 11, 2007)

• Order Denying Rehearing (October 18, 2007)

• Corrected Order (October 19, 2007)

U.S. District Court for the Northern District of Mississipi

• Order Denying TRO/Injunction (October 24, 2007)

• Opinion (October 24, 2007)

• Partial Final Judgment (October 24, 2007)

Supreme Court of the United States

• Stay of Execution (October 30, 2007)

 

Missouri

 

Michael Anthony Taylor v. Crawford

 

• U.S. District Court Order Denying 1983 Relief (January 31, 2006)

• Eighth Circuit Remand Order (April 27, 2006)

• District Court Order on Scope of Hearing Following Eighth Circuit Remand (May 2, 2006)

• District Court Order Holding Missouri Lethal Injection Protocols Violate Eighth Amendment, Ordering DOC to Draft New Protocols, and Staying All Executions Pending Court's Approval (June 26, 2006)

• District Court Order Regarding State's Proposed Protocol (July 25, 2006)

• Eighth Circuit Remand Order (August 9, 2006)

• District Court Order Rejecting State's Revised Protocol (September 12, 2006)

• District Court Order Denying State's Motion to Reconsider Sept. 12 Order (October 16, 2006)

• Eighth Circuit Opinion (June 4, 2007)

 

Montana

 

Montana Criminal Defense Lawyers Assoc. v. Montana

Montana Supreme Court

• Order of the Montana Supreme Court (July 25, 2006)

U.S. District Court

• Order Denying Complaint for Lack of Standing (August 7, 2007)

 

Nevada

 

William Castillo Litigation- ACLU of Nevada v. Skolnik

Supreme Court of the State of Nevada

• Order Scheduling Emergency Hearing (October 15, 2007)

• Order Granting Stay and Ordering Briefing (October 15, 2007)

 

North Carolina

 

North Carolina DOC v. North Carolina Medical Board Litigation

• Order to Cancel Execution Date in Allen Richard Holman Case (March 6, 2007)

• Order Ruling that North Carolina Medical Board Cannot Punish Physicians for Participating In Executions (September 21, 2007)

Conner et al. v. North Carolina Council of State

• Decision of the Administrative Law Judge (August 9, 2007)
  
  

Robinson, et. al v. Beck, et. al

• Order Granting Preliminary Injunction (January 25, 2007)
  
  

Willie Brown Jr.

U.S. District Court for the Eastern District of North Carolina

• District Court Order (April 7, 2006)

• Fourth Circuit Order Affirming Denial of Injunction, Judge Michael Dissenting (April 20, 2006)

 

Ohio

 

Cooey, et al. v. Taft, et al.

• Order of the U.S. District Court Granting Preliminary Injunction (April 28, 2006)
  

• Order of the District Court Granting Motion to Intervene and Denying Request for Preliminary Injunction (Nov. 22, 2006)

• Order of the District Court Denying Intervenor John Spirko's Motion to Reconsider Denying Stay of Execution (Dec. 6, 2006)

State of Ohio v. Ruben Rivera
(Pretrial Litigation)

State District Court

• Order of Judge James Burge Holding the Trial Court Has Jurisdiction to Determine Whether Ohio's Lethal Injection Procedures Are Constitutional, (July 24, 2007)

 

Oklahoma

 

Boltz v. Jones, et al.

• U.S. District Court Order Granting Stay of Execution (June 1, 2006)
• Tenth Circuit Order Vacating Stay (June 1, 2006)

 

Tennessee

 

Harbison v. Little

 

U.S. District Court

• Order Finding TN Lethal Injection in Violation of Eighth Amendment (September 19, 2007)

Workman v. Bredesen

• Order Granting Temporary Restraining Order (May 4, 2007)

Review of Tennessee Execution Procedures

• Executive Order Issued by Gov. Bredesen (Feb. 1, 2007)

• Report on the Administration of Death Sentences in Tennessee (April 30, 2007)

Alley v. Little et al.

U.S. District Court

• Order Granting Preliminary Injunction (May 11, 2006)

 

Texas

 

Helberto Chi v. Quarterman

Court of Criminal Appeals

• Order Staying Execution (October 2, 2007)

Carlton Turner v. The State of Texas

Court of Criminal Appeals

• Order Denying Writ of Habeas Corpus Challenging Constitutionality of Lethal Injection (Sept. 27, 2007)

• Justice Price's Dissent to Order Denying (September 27, 2007)
  

Supreme Court of the United States

• Order Granting Stay of Execution (September 27, 2007)

 

Virginia

 

Emmett v. Johnson

US District Court for the Eastern District of Virginia

• Motion granting Summary Judgment (September 20, 2007)

Fourth Circuit

• Motion to Stay Execution (September 27, 2007)

Supreme Court of the United States

• Order Granting Stay of Execution (October 17, 2007)