Divided court opens door for Alabama execution

In a brief order entered yesterday afternoon, the Supreme Court allowed the execution of an Alabama inmate to go forward.

The state had asked the court to intervene after the U.S. Court of Appeals for the 11th Circuit put the execution on hold; the ruling means that the execution of Jeffrey Borden can proceed as scheduled this evening.

Borden was sentenced to death for the murders of his estranged wife and her father on Christmas Eve 1993. He shot Cheryl Borden in the back of her head in front of their children; he then shot his father-in-law in the back as he attempted to run to safety.

Borden's challenge to his execution has been a common one in death-penalty cases in recent years: He argues that the 3-drug protocol that the state plans to use to execute him violates the Constitution's bar on cruel and unusual punishment.

In particular, he contends, the 1st drug in that protocol - midazolam - will sedate him but cannot guarantee that he will not feel excruciating pain from the drugs that follow.

A federal district court in Alabama dismissed his claims, but the 11th Circuit reversed and ordered the district court to order an evidentiary hearing.

Last week the court of appeals put the execution on hold to give the lower court enough time to consider Borden's claims. That prompted Alabama to go to the Supreme Court on Monday, where it told the justices that "Alabama has already carried out 4 executions using this protocol. Any questions concerning 3-drug midazolam protocols have effectively been answered."

3 justices - Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor - indicated that they would have denied the state's request, leaving Borden 2 justices short of the support that he needed to block his execution.

Source: scotusblog.com, October 4, 2017

U.S. Supreme Court clears Thursday execution in Alabama

The U.S. Supreme Court Wednesday cleared the way for Alabama's planned execution Thursday of inmate Jeffrey Lynn Borden for the Christmas Eve 1993 shooting deaths of his estranged wife and her father in Gardendale.

The U.S. Supreme Court issued an order granting the request of the Alabama Attorney General's Office to vacate the injunction blocking the execution that had been issued by the U.S. 11th Circuit Court of Appeals last week. The Attorney General's Office had appealed the 11th Circuit's order to the U.S. Supreme Court on Monday.

In the order from the U.S. Supreme Court 3 associate justices - Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor - said they would have denied the Attorney General's request and kept the injunction blocking the execution in place.

The execution is scheduled for 6 p.m. Thursday at the Holman Correctional Facility in Atmore.

Borden has been on death row 22 years, and was convicted of the murders of Cheryl Borden and her father Roland Harris. The murders took place at a family gathering in Gardendale on Christmas Eve 1993.

On Tuesday morning attorneys for Borden filed a response to the Alabama Attorney General's Office motion saying the stay of execution should remain in place.

Source: al.com, October 4, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.

Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Comments

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.

‘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.”

North Carolina | DA won't seek death penalty against woman accused of poisoning family

HENDERSONVILLE, N.C. (DPN) — Prosecutors will not seek the death penalty against a Western North Carolina entrepreneur accused of poisoning her family during a Thanksgiving dinner and killing a man nearly two decades ago. During a mandatory Rule 24 hearing Thursday in Henderson County Superior Court, Assistant District Attorney John Douglas Mundy announced that the state will proceed with the case against Gudrun Linda Jean Casper-Leinenkugel, 52, as a non-capital matter. The decision removes the possibility of an execution, meaning the maximum penalty Casper-Leinenkugel now faces is life in prison without parole.

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.

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.

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...

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.

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.

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 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.

Death Penalty News

Search This Blog