In a surprising turn of events, the Supreme Court offered a stay in the case of Earl Barry. Just yesterday, they had denied stay in the case.
Barry was scheduled to be executed around 6:00 local. Apparently, the Court granted stay 15 minutes before he was scheduled to meet his maker.
In the Order, the Court specifically mentioned that this stay will not be extended beyond the time that this case is under review by the Court.
Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Per the rules of the Court, four votes are needed to accept review in a case, while five votes are required to grant a stay of execution. By those rules, it is possible for an individual to be granted review but not granted a stay, meaning that he could be executed before his case his heard. The Court’s reaction today could be a move to block that from potentially occurring.