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No Second Chances: What to Do After a Botched Execution

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Ohio tried and failed to execute Alva Campbell. The state shouldn't get a second chance.
The pathos and problems of America's death penalty were vividly on display yesterday when Ohio tried and failed to execute Alva Campbell. Immediately after its failure Gov. John Kasich set June 5, 2019, as a new execution date.
This plan for a second execution reveals a glaring inadequacy in the legal standards governing botched executions in the United States.
Campbell was tried and sentenced to die for murdering 18-year-old Charles Dials during a carjacking in 1997. After Campbell exhausted his legal appeals, he was denied clemency by the state parole board and the governor.
By the time the state got around to executing Campbell, he was far from the dangerous criminal of 20 years ago. As is the case with many of America's death-row inmates, the passage of time had inflicted its own punishments.
The inmate Ohio strapped onto the gurney was a 69-year-old man afflicted with serious ailm…

Florida Supreme Court halts Mark James Asay's execution

Mark James Asay
Mark James Asay
The Florida Supreme Court on Wednesday stayed the execution of Mark James Asay, just hours after hearing oral arguments in his case.

Asay, convicted in 1987 of 2 Jacksonville murders, was scheduled to be executed March 17. But a January ruling by the U.S. Supreme Court in Hurst vs. Florida threw the state's death penalty into chaos.

Arguing before the state court Wednesday morning, Asay's lawyer, Martin McClain, invoked Hurst, saying that the problems raised by the U.S. Supreme Court in its ruling directly relate to Asay's case.

Asay, like the other residents on Florida's death row in Raiford, Fla., was convicted of his crimes by a unanimous jury but sentenced to death by the judge on the jury's recommendation. The Hurst ruling said that the juries must make the final decision on death sentences.

McClain -- who was also the lawyer for Michael Ray Lambrix and successfully stayed his execution last month -- argued that suggests the jury's verdict should be unanimous. 

In Asay's case, the jury recommendation came on a 9-3 vote.

The Florida Supreme Court's unanimous ruling Wednesday doesn't say anything about the merits of Asay's case. It simply stops the execution, which was ordered by Gov. Rick Scott prior to the Hurst ruling.

Source: Tampa Bay Times, March 2, 2016

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