Yesterday, The Supreme Court released an order in Berry v. Mississippi. In an unusual move, the Court denied Earl Berry’s stay for execution and proceeded to briefly explain their decision:

The judgment of the Mississippi Supreme Court relies upon an adequate and independent state ground that deprives the Court of jurisdiction.

The Supreme Court has now granted a stay in Emmett v. Johnson, affirmed the Eight Circuit’s decision to grant a stay in Norris v. Jones, and denied a stay in yesterday’s case.

In Norris v. Jones, Justice Scalia filed a dissenting order in which he declared that “the grant of certiorari in a single case does not alter the application of normal rules of procedure.” He rejected the idea that the Court’s acceptance of Baze v. Rees granted a blanket stay against all lethal injections.

It will be interesting to see how the Court proceeds over the next few months in dealing with petition’s for stay of execution. It’s currently divided position indicates that we will have to wait before we see a final resolution to this issue.


1 Response to “Supreme Court Explains Denial of Stay in Mississippi Execution Case”

  1. 1 Court Reverses- Stays Mississippi Execution at DailyWrit

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Another Elena Kagan - Miguel Estrada Connection: Justice Kagan and Miguel Estrada have had a long relationship that has confounded and surprised many of their skeptics. At Kagan's confirmat...
  • Four 8-1 Decisions in One Day: The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions here. CompuCredit v. Greenwood, a case...
  • Updated Term Charts: Starting this week, I'll be posting my updated charts on SCOTUSblog. You can find the first SB version of my charts here. More spec...
  • More Sophisticated Reconferencing Statistics: A commentator on my last conferencing post picked up on an important part of the distribution question that I had intentionally omitted....
  • Final Term Index: Here is the final Term Index for October Term 2009. OT09_term_index_final