Arizona Capital Representation Project

The 9th Circuit Court of Appeals has declined en banc rehearing of the temporary stay of Jeffrey Landrigan’s execution. Judges Wardlaw and W. Fletcher, writing the concurrence, found the “State’s gamesmanship is unseemly at best, and inhumane at worst.”

The State has already requested the U.S. Supreme Court overturn the stay.  The warrant for Mr. Landrigan’s execution expires October 27 at 10 a.m. Arizona time.  After that, the state will be required to seek a new warrant before proceeding with the execution.

2010-10-26 9th Deny En Banc Rehearing

The 9th Circuit remanded for an evidentiary hearing on petitioner’s Brady claim in Aryon Williams v. Charles Ryan.  The Court further vacated the death sentence and remanded for a new sentencing hearing on the basis of a Tennard violation.  Congratulations to Julie Hall and Denise Young, counsel for Mr. Williams!

9th Cir Williams Opinion

Because the State has continued to refuse to disclose information about the source of its sodium thiopental, the 9th Circuit could not find that the district court abused its discretion in granting the temporary stay.

2010-10-26 Order uphold stay

Judge Roslyn Silver of the U.S. District Court for the District of Arizona has granted a temporary stay of the execution of Jeffrey Landrigan.  Judge Silver further ordered the State to immediately disclose the manufacturer of its supply of sodium thiopental to Mr. Landrigan’s lawyers.

2010-10-25 Order stay execution

UPDATE: Attorney General and gubernatorial candidate Terry Goddard has told the Arizona Republic that it is his “understanding” that Arizona Department of Corrections obtained the sodium thiopental from Great Britain.  Read the story here.

On Saturday, October 23, Judge Roslyn Silver of the U.S. District Court for the District of Arizona ordered the State to publicly disclose the manufacturer and expiration date of the sodium thiopental it intends to use in the execution of Jeffrey Landrigan.  The order came after the State declined Judge Silver’s request for the voluntary disclosure of such information.  As of this morning, the State has continued to refuse the public disclosure of the drug’s manufacturer, although it has disclosed the expiration date of May 2014.

Judge Silver’s recent orders can be viewed below.  Additional pleadings can be found on www.fpdaz.org.

October 23 Order

October 24 Order

On Friday, the Arizona Board of Executive Clemency recommended a temporary reprieve to Jeffrey Landrigan to allow for the resolution of DNA testing currently being conducted on crime scene evidence.  Governor Brewer denied the reprieve Sunday night.

Governor Brewer’s statement on the denial can be read here.

CAADP vigil

Where:  Tucson, AZ; Northeast corner of Campbell and Speedway

When: October 25, 5-5:45 p.m.

By:  Coalition of Arizonans to Abolish the Death Penalty

In the past week, two more men have been sentenced to death in Maricopa County.  Fabio Gomez was sentenced on October 15 and Eddie Rose was sentenced on October 19.  The total number of death sentences imposed in Arizona this year is up to 8, all in Maricopa County.  Several more cases are expected to go to trial before the end of the year.

The Habeas Assistance and Training Counsel, along with the Administrative Office of the U.S. Courts are hosting a Mental Health Seminar for criminal defense lawyers in New Orleans on January 13-16, 2011.  Please see the training announcement below.

2011MentalHealthAnnouncement

The Department of Corrections informed the Arizona Supreme Court on September 30 that it was able to obtain sufficient quantities of sodium thiopental to carry out the execution of Jeffrey Landrigan on October 26.  ADOC has refused to provide information on how it obtained the drugs, citing security concerns.

Mr. Landrigan’s attorneys have requested the Arizona Supreme Court stay the execution, in order to allow them to conduct DNA testing.  His attorneys have further moved the Court to order ADOC to provide information on the source of the drugs and to adhere to the current lethal injection protocol.

Read local news coverage here and here.