Skip to main content

Death penalty case latest test for Arkansas court

A looming Arkansas Supreme Court decision over whether information about execution drugs should be kept secret could reveal whether the state's death penalty system is truly "broken," as Arkansas' last top attorney once claimed. It's the 1st major test for a court whose sharp divisions last year over another divisive issue - gay marriage - resulted in justices punting rather than deciding.

Unlike the gay marriage case, the state's highest court can't rely on the U.S. Supreme Court to step in and decide the issue. But the clock is still ticking, with days to go until part of Arkansas' execution drug supply expires.

Roughly a month has passed since justices heard oral arguments from lawyers for the state and the inmates. A lower court struck down the secrecy law, which lets the prison system withhold information about the manufacturer, seller and other information about the lethal drugs, even from the inmates themselves. 8 death-row inmates sued to overturn the law.

Arkansas has 34 inmates on death row, but hasn't executed an inmate since 2005, when Mike Huckabee, a Republican, was governor.

Former Gov. Mike Beebe, a Democrat, signed death warrants while in office but completed 8 years in office without one taking place, because of legal challenges. He also said he would have abolished the death penalty if lawmakers sent him legislation doing so.

Beebe's successor, Republican Gov. Asa Hutchinson, is a death penalty supporter but has gone through the first year and a half of his term without an execution.

Hutchinson set dates last year for the first executions since 2005, but the court granted stays until the inmates' challenge was heard. At the time, he cast it as another step in the legal process.

"Had it not been set, then we would be sitting here 2 years, 3 years from now waiting for the next court challenge," Hutchinson told reporters. "Nothing moves if the governor does not set the date."

The window is closing for any of the executions to move forward, even if the state wins the case. Arkansas has until June 30 to execute the inmates with drugs it currently has on-hand. 15 doses of the paralytic vecuronium bromide expire at the end of next month, and the state's supplier has said it will not provide anymore. Sending the case back to Circuit Judge Wendell Griffen, who struck down the law, could narrow that window even further.

Complicating that timeline further is the fact that Supreme Court decisions typically take effect 18 days after they're issued - though justices can stray from that practice.

If justices were to allow executions to move forward, Hutchinson and state officials will be faced with the question of how - and if - the state should put 8 men to death in a matter of days. If justices agree with Griffen and strike down the execution law, it puts the state in a familiar position of trying to revive a death penalty process that's been in limbo for more than a decade due to court challenges and drug shortages.

It would also come nearly three years after former Attorney General Dustin McDaniel bemoaned the state of the death penalty system, saying he didn't see executions resuming anytime soon.

"I continue to support the death penalty, but it's time to be frank. Our death penalty system as it currently exists is completely broken," McDaniel said 3 years ago.

The uncertainty surrounding the case is similar to last year, when the state weighed whether to uphold a judge's decision striking down Arkansas' ban on gay marriage. That case was sidelined for months over an unusually public dispute over which justices could hear it. Justices ultimately dismissed the case hours after the U.S. Supreme Court legalized same-sex marriage nationwide.

This case may not provide clarity on the future of executions in Arkansas. But it could indicate whether the state's highest court is willing to, at least this time, give a definitive answer on a controversial matter.

Source: Associated Press, June 19, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

Florida executes Billy Kearse

Florida executes man who killed Fort Pierce police officer during 1991 traffic stop Moments before receiving a lethal injection, Billy Kearse asked for forgiveness from the family of Danny Parrish, whose widow said she found peace after a "long, long 35 years.” A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop was executed Tuesday evening, becoming the third person put to death by Florida this year after a record 19 executions in 2025.

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Oklahoma Ends Indefinite Death Row Solitary Confinement

Every year, thousands of prisoners in the U.S. are placed in solitary confinement, where they endure isolation, abuse, and mental suffering . This practice might soon become rarer for some inmates in Oklahoma, thanks to the efforts of activists in the state. Earlier this month, the American Civil Liberties Union (ACLU) of Oklahoma announced that the Oklahoma State Penitentiary in McAlester had ended the practice of indefinite solitary confinement for "the vast majority" of death row prisoners.

‘Come on with it’: Arkansas inmate asks to hasten execution

A Faulkner County judge has scheduled an August hearing to determine whether a death row inmate can bypass his attorney’s advice, drop his remaining appeals, and hasten his execution.  Scotty Ray Gardner, 65, is facing the death penalty for the 2016 killing of his girlfriend, Susan Heather Stubbs, in Conway.  In letters sent to Circuit Judge Chuck Clawson and the Arkansas Democrat-Gazette, Gardner said he wants to end his legal battles, writing that he is tired of prison life and skeptical he will receive a fair hearing.  “It’s simple,” Gardner wrote in a September letter. “Come on with it.” 

Florida Cop-killer Billy Kearse set to be executed today

A man who confessed to fatally shooting Fort Pierce Police Officer Danny Parrish with his own service weapon during a 1991 traffic stop is scheduled to be executed starting at 6 p.m. March 3, barring a last-minute stay. Billy L. Kearse, 53, will be the third person put to death by the state this year, just one week after the execution of Melvin Trotter, who was convicted of first-degree murder and sentenced to death for strangling and stabbing Virgie Langford in Palmetto in 1986. The Florida Supreme Court on Feb. 12 denied a motion for a stay of execution and a motion for an extension due to the fading health and death of the father of Kearse's attorney. Attorneys for Kearse have filed a motion with the U.S. Supreme Court to stop the execution, citing violations of the Sixth, Eighth and 14th Amendments of the United States Constitution.

Man convicted in 1986 murder set to become Florida's second execution of 2026

STARKE, Fla. (DPN) — A man convicted of stabbing and strangling a grocery store owner during a robbery nearly 40 years ago is scheduled to die by lethal injection Tuesday evening, becoming the second person executed in Florida this year. Melvin Trotter, 65, is set to receive a three-drug lethal injection beginning at 6 p.m. at Florida State Prison near Starke. Trotter was convicted of first-degree murder in the 1986 killing of Virgie Langford, 70, who owned Langford’s Grocery Store in Palmetto, in southwest Florida's Manatee County.

Florida executes Melvin Trotter

The execution of Melvin Trotter for the murder of 70-year-old Virgie Langford in 1986 comes as Supreme Court Justice Sonia Sotomayor questions Florida's 'deeply troubling' lethal injection record. Florida has executed its second inmate of the year even as a Supreme Court justice questioned the state's “deeply troubling" record on lethal injections and how it "shrouds its executions in secrecy."  Melvin Trotter, 65, was executed by lethal injection on Tuesday, Feb. 24, for the 1986 murder of 70-year-old Virgie Langford, a mother of 4 who was on the verge of retirement when she was stabbed to death in the corner grocery store that she owned for five decades. Trotter was pronounced dead at 6:15 p.m. ET. 

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.