Wednesday 6 December 2006

Spirko attorneys file new motion for stay of execution

Wednesday, 06 December 2006

Spirko attorneys file new motion for stay of execution

http://ohiodeathpenaltyinfo.typepad.com/ohio_death_penalty_inform/2006/12/spirko_attorney.html

In response to the stay of execution granted to Jerome Henderson on Monday by the US 6th Circuit Ct of Appeals, attorneys for John Spirko have filed this motion for reconsideration (5-page pdf) in the US District Ct for Southern Ohio asking the court to reconsider its November 22 ruling refusing to issue a stay of his execution scheduled for April 17, 2007 (while at the same time granting Spirko inclusion in the Ohio lethal-injection challenge case). The filing notes that the US District Ct's Nov. 22 ruling in the Spriko case was virtually identical to the court's Nov. 10 ruling in the Jerome Henderson case, and that the rationale for denying stays in both cases - that the US 6th Circuit had overruled a similar stay of execution for Jeffrey Lundgren on Oct. 23 - is no longer valid. (Earlier post on Nov. 22 ruling denying stay of execution for Spirko is here; earlier post on US 6th Circuits last-minute lifting of stay of execution for Jeffrey Lundgren on Oct. 23 is here.)

  • US District Ct Nov 10 ruling granting Jerome Henderson inclusion in the Ohio lethal-injection hallenge case, but denying preliminary injunction to stay execution is here (18-page pdf).
  • US District Ct Nov. 22 ruling granting John Spirko inclusion in the Ohio lethal-injection challenge case, but denying preliminary injunction is here (14-page pdf).

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