CORRECTED ORDER - state files in Schwab

Serial: 143359
IN THE SUPREME COURT OF MISSISSIPPI RECEIVED No. 9~00059-SCT OCT 2 2 2007 ~lml~E
EARL WESLEYBERRY F I LED
v. OCT I9 2007 STATE OFMISSISSIPPI
SUPREME COURT CLERK
CORRECTED ORDER
This Corrected Order is entered solely for the purpose of specifying that a written objection will follow by Justice Dickinson. Except as otherwise revised as indicated below, the OrderenteredonOctober 18,2007,denyingtheMotionfor Rehearing ofMotionto Stay filed by Early Wesley Berry shall remain in full force and effect as entered.
This matter is before the Court en banc on the Motion for Rehearing ofMotion to Stay filed by Earl Wesley Berry and the Response filed by the State of Mississippi. By order dated October II, 2007, this Court granted the Motion to Reset Execution Date filed by the StateofMississippi andsetOctober30, 2007, as the date for execution ofEarl WesleyBerry. Berry asks for reconsideration of this decision due to the United States Supreme Court's grant of certiorari in Baze v. Rees, 2007 U.S. LEXIS 9066, 76 U.S.L.W. 3154 (Sept. 25, 2007). On October 1,2007, the United States Supreme Court denied Berry's petition for writ ofcertiorari. Berry v. Epps, 2007 U.S. LEXIS 10490,76 U.S.L.W. 3165 (Oct. 1,2007). See also Sup. Ct. R. 10, 14. The Supreme Court ofthe United States has not yet indicated that, in cases in this posture, all executions by lethal iJ1iection should be stayed. If that Court
93-DP.00059-SCT Marvin L. White Jr. Assistant AItomeyGeneral PO Box 220 Jackson, MS 39205
should stay the execution in this and other similar cases in order to consider the issue raised herein, this Court will certainly comply with such determination and will follow every directive from that Court. After due consideration the Court fmds that the Motion for
Rehearing ofMotion to Stay is not well taken and should be denied. IT IS THEREFORE ORDERED that the Motion for Rehearing ofMotion to Stay filed
by Earl Wesley Berry is denied. SO ORDERED, this the 19th day ofOctober, 2007.
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GEORGE C. CARLSON, JR., JUSTICE FOR THE COURT
DIAZ, PJ., GRAYES AND DICKINSON, J1., WOULD GRANT. WRITTEN OBJECTION BY DICKINSON, 1., TO FOLLOW.
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