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Death Penalty in Flux

Posted: March 29, 2007
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Executions were halted in all states in September 2007 because of challenges to the lethal injection process. The U.S. Supreme Court decided Baze v. Rees, a lethal injection challenge from Kentucky, on April 16, 2008. Executions resumed in some states. Executions are also on hold for other reasons in a few states. Legislative reform or proposed repeal of the death penalty are under consideration in many states (see below).

Last updated Feb. 2, 2010

 

Click here for 2010 Legislation

Executions on Hold*
State REASON FOR HOLD Description Current status
1. Illinois formal moratorium on executions in place because of general death penalty concerns imposed by Governor Ryan in 2000 MORATORIUM continued by present governor
2. California executions halted because of lethal injection issue last scheduled execution stayed by federal court in 2006 DE FACTO MORATORIUM: present system unconsitutional; in addition, state's lethal injection procedures were not approved according to the state Administrative Procedures Act; state is undertaking reinstitution of lethal injection protocols
3. Delaware-hold likely to end executions effectively halted because of lethal injection issue last scheduled execution stayed by federal court in 2006

DE FACTO MORATORIUM was in effect: hearings in sept. 2008; federal judge ruled lethal injection constitutional but continued hold until matter is appealed

Lethal Injection protocols upheld by federal circuit court.  Stays of execution lifted.
4. Maryland executions effectively halted because of lethal injection issue; also, in 2008, state commission recommended abolition of death penalty state's lethal injection procedures were not approved according to the state Administrative Procedures Act DE FACTO MORATORIUM: governor has begun process of enacting new lethal injection procedures; governor also introduced bill to abolish death penalty; abolition bill defeated in 2009
5. Kentucky KY Supreme Court held on Nov. 25, 2009 that new lethal injection protocol had not been properly reviewed under the state's Administrative Procedures Act. All executions on hold until public hearings and approval are completed.  Public comment is being sought in 2010.
6. Nebraska Executions originally halted because electrocution held unconstitutional by Neb. Sup. Ct. on Feb. 8, 2008.  Legislature approved lethal injection in 2009. State Supreme Court had stayed May 8, 2007 execution of volunteer Carey Moore pending review of electrocution process New lethal injection law being challenged in courts.  Executions will probably not resume until state and federal courts rule.
7. New Mexico Death penalty abolished on Mar. 18, 2009 Legislature approved and governor signed bill replacing death penalty with life in prison without parole DEATH PENALTY ABOLISHED PROSPECTIVELY, BUT 2 INMATES REMAIN ON DEATH ROW
Status Unclear      
8. Ohio Lethal injection of Romell Broom on Sept. 15, 2009 was halted when a suitable vein could not be found after 2 hrs. Executions scheduled at approximately one per month in 2010. Ohio has changed to a 1-drug protocol.  U.S. Ct. of Appeals for 6th Circuit lifted the stay for Kenneth Biros, and he was executed on Dec. 8, 2009.  Other challenges to lethal injection continue.
9. Nevada executions effectively halted because of lethal injection issue State Supreme Court stayed Oct. 15 execution of volunteer William Castillo to review lethal injection status unclear
10. North Carolina executions effectively halted because of lethal injection issue state judge stayed upcoming executions in 2007 State judge ruled that Medical Board cannot forbid physician participation; status unclear
11. FEDERAL last 4 execution dates stayed because of lethal injection issue stays granted by federal District Court status unclear
*States are included in this list if executions were placed on hold either by court or executive order and the final resolution of that dispute has not been ruled on by the highest appropriate (state or federal) court.

California, North Carolina, Maryland and Tennessee have recently conducted studies of their death penalty process. A Nevada commission is reviewing a variety of criminal justice issues, including the death penalty. Indiana is studying legislation that would exempt seriously mentally ill defendants from the death penalty. New Hampshire has approved a legislative study of its death penalty process (2009-10).  Kansas returned a bill that would have abolished the death penalty for further study and consideration in 2010.
2008 - Legislation
A number of states, including Maryland, Connecticut, Nebraska, Virginia, and Alabama had bills introduced in 2008 to abolish the death penalty or to declare a moratorium on executions. None of those passed. Five states considered bills to expand the death penalty for the crime of child rape in 2008: Tennessee, Missouri, Alabama, Colorado, and Mississippi. The bills were defeated in all 5 states. Subsequently, the U.S. Supreme Court in Kennedy v. Louisiana held that all such statutues were unconstitutional.  New Jersey and New York ended the death penalty earlier.
For more information, see DPIC's Lethal Injection and Recent Legislative Activity Web pages. First posted February 6, 2007; updates as required.