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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…

U.S. Supreme Court rejects Alabama's request to vacate Vernon Madison's stay of execution

Vernon Madison
Vernon Madison
BREAKING: U.S. Supreme Court in 4-4 vote rejects Alabama's request to vacate Vernon Madison's stay of execution, meaning that Mr. Madison will not be executed as scheduled tonight.

The United States Supreme Court has upheld a lower court's order staying the execution of Alabama death row inmate Vernon Madison.

This morning, the Eleventh Circuit Court of Appeals postponed the execution, which was scheduled to take place today.

EJI lawyers asked the court to stay Mr. Madison's execution because he is incompetent to be executed. 

As a result of multiple strokes over the last year, and other serious medical conditions, Mr. Madison suffers from vascular dementia, which has left him unable to rationally understand why the State is seeking to execute him. 

Mr. Madison now speaks in a slurred manner, is legally blind, and can no longer walk independently as a consequence of damage to his brain.

It is unconstitutional to execute an individual who is mentally incompetent. The Eleventh Circuit ordered a stay so that it could properly consider the claim that his execution would violate the constitution.

The State of Alabama asked the Supreme Court to overturn the Eleventh Circuit's order, but the Court instead upheld the lower court's order.

Source: EJI, May 12, 2016

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