Friday, 09 March 2007
Spirko / Biros updates:
- As of late this afternoon, there had been no response from Governor Strickland to last week's reprieve request for John Spirko (see earlier posts here and here).
- The Kenneth Biros situation is presently very legally convoluted: There has been no ruling yet from the US 6th Circuit Ct. of Appeals on the Ohio AG's appeal of the stay of Kenneth Biros' March 20 execution issued in US district court on Dec 21, 2006. That stay of execution was issued in the course of allowing Biros to be included in the Cooey v. Taft lethal-injection challenge case - and although the 6th Circuit has ordered the US district court to dismiss the Cooey suit, that ruling is being appealed, and an accompanying petition for the 6th Circuit to "stay the mandate" of the dismissal order has not yet been resolved. The stay of Biros' March 20 execution is therefore still currently in effect - although it could be voided quickly following a negative 6th Circuit ruling. There seems to be a general expectation that the 6th Circuit will stay the mandate, and that the stay of the March 20 execution will hold. (There is varying opinion as to whether, if the 6th Circuit refuses to stay the mandate, the stay of execution will remain in effect anyway pending possible further legal action.)
- A new cert petition was filed yesterday for Biros in the US Supreme Court. (Case is #06-9920; petition is here).