Last week, a frustrated five-judge minority on the 6th Circuit decried the "dysfunctional patchwork of stays and executions" in capital cases since January, when the U.S. Supreme Court agreed to explore a procedural attack on lethal injection. While the issue has been pending, courts around the country have granted nine stays of execution and 15 condemned inmates have been executed. The situation is unnerving for defense lawyers as stays may be handed out in one circuit but denied in the circuit next door.
Awaiting High Court Review of Lethal Injection, Circuits Are Divided
The National Law Journal
May 26, 2006