Death Penalty in Flux

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).

States with Executions on Hold

See also DPIC's Lethal Injection page; many states may have to delay executions because of a shortage of one drug.

Click here for 2013 Legislation

Executions on Hold*
  REASON FOR HOLD CURRENT STATUS  

California

Last: 1/2006

Executions halted because of lethal injection issue

Referendum on repealing the death penalty defeated Nov. 2012

executions scheduled in 2010 stayed by state and federal courts DE FACTO MORATORIUM: present system under review; in addition, state's changes to lethal injection procedures were not approved according to the state Administrative Procedures Act; Shortage of thiopental sodium may also effecti executions.  A large supply of the drug was obtained from Great Britain, but can no longer be used. Federal judge conducting a review of state's current system.  State's Chief Justice said executions not likely to resume unitl 2016.

Maryland

Last: 12/2005

DEATH PENALTY ABOLISHED on MAY 2, 2013. Five inmates remain on death row. Executions cannot be carried out because of lethal injection issue. State's lethal injection procedures were not approved according to the state Administrative Procedures Act DE FACTO MORATORIUM: governor had begun process of enacting new lethal injection procedures; governor also backing bill to abolish death penalty, considered likely to pass in 2013.  State's law was sharply restricted in 2009 and no death sentences have been handed down under the new law. 

North Carolina

Last: 8/2006

Executions effectively halted because of lethal injection issue State judge stayed upcoming executions in 2007 DE FACTO MORATORIUM: State judge ruled that Medical Board cannot forbid physician participation.  Racial Justice Act (RJA) modified in 2012, but 4 death sentences overturned.  Executions on hold while lethal injection issues are resolved. In 2013, a bill is moving through legislature to repeal RJA and resolve lethal injection issues.

Arkansas

Last: 11/2005

Lethal injection of Jack Jones, scheduled for Mar. 16, 2010, was indefinitely stayed by federal court. Execution dates in 2011 stayed. Court of appeals refused to lift stay and governor halted the preparations for execution. DE FACTO MORATORIUM: Ark. Sup. Ct. has stayed executions in 2011 because of lethal injection challenges.  On June 22, 2012, the Ark. Sup. Ct. held that Methods of Execution Act of 2009 was unconstitutional because it delegated too much authority to the Dept. of Corrections. Proposed legislation in 2013 intended to restrict authority.

Oregon

Last: 5/1997

On Nov. 22, 2011, Gov. John Kitzhaber declared a moratorium on all executions for the remainder of his term. An execution of a volunteer was coming up on Dec. 6.  It would have been the first execution in 14 years. FORMAL MORATORIUM: The governor has called for a debate on the death penalty.  State may require a referendum to end the death penalty.

Kentucky

Last: 11/2008

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 while courts review whether new protocol complies with the law.
DE FACTO MORATORIUM: Judge questioning completeness of new protocol.  Shortage of thiopental sodium affecting executions, which are effectively on hold. 

Rulings on April 25, 2012 continued the hold on executions for at least 90 days so the state could consider adopting a 1-drug protocol. In 2013, new drug protocol adopted.

Status Unclear      
New Mexico DEATH PENALTY ABOLISHED on Mar. 18, 2009 Legislature approved and governor signed bill replacing death penalty with life in prison without parole 2 INMATES REMAIN ON DEATH ROW.  Executions are theoretically possible but years of appeals remain.
Connecticut DEATH PENALTY ABOLISHED on Apr. 25, 2012 Legislature approved and governor signed bill replacing death penalty with life in prison without parole 11 INMATES REMAIN ON DEATH ROW or face re-sentencing. 1 had sentence overturned.  Hearing underway to determine constitutionality of state's death penalty practice.
Pennsylvania No executions since 1999 No formal hold, but appeals continue status unclear; legislatively mandated study under way in 2012; some inmates near the end of appeals in 2013
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.  June 14, 2011 execution of Carey Moore stayed by Neb. Sup. Ct.  New execution date set for different inmate on Mar. 6, 2012. (Stayed)
Nevada executions effectively halted because of lethal injection issue; no executions since 2006 State Supreme Court stayed execution of volunteer William Castillo to review lethal injection status unclear
Federal last 4 execution dates stayed because of lethal injection issue; no executions since 2003 stays granted by federal District Court status unclear; Justice Dept. had requested an execution date for Jeffrey Paul, claiming he is not part of lethal injection suit, but no date has been set
Tennessee all executions stayed in 2010 and 2011 courts are reviewing lethal injection protocol status unclear
Indiana executions on hold in 2011 state lacks execution drug state may have to change to alternative drug
Missouri lethal injection challenge state lacks execution drug state's protocol could not be approved because state lacks one of the drugs specified in the protocol and is unlikely to obtain it; state announced its attention to use Propofol in a 1-drug protocol, but no new dates have been set.
Washington lethal injection challenge unlikely to be resolved until 2013  
Georgia lethal injection challenge court hearings Nov. 2012 Georgia announced a change in its execution protocol from 3-drugs to one just prior to the scheduled execution of Warren Hill in July 2012.  The execution was indefinitely stayed to decide whether Georgia's changes must be subject to a period of public comment. In 2013, GA Sup. Ct. ruled execution process not subject to public review. Execution carried out in 2013, but supply of drugs may have expired.
Montana lethal injection challenge Sept. 6, 2012 ruling found protocol unconstitl. Court identified 3 problems that may be easily remedied, though no action has been taken on 1 of these for 4 yrs.

*States are listed as Executions on Hold 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.

Ohio began a study of its death penalty system in 2011.  Pennsylvania will begin a study in 2012.  California, North Carolina, Maryland, New Hampshire and Tennessee have conducted studies of their death penalty process in recent years. 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.  


For more information, see DPIC's Lethal Injection and Recent Legislative Activity Web pages. First posted February 6, 2007; updates as required.