Sunday, September 20, 2009

Ohio's Second Execution Attempt Of Romell Broom Stayed By Federal Judge

Last Wednesday I had a post relating to Ohio's failed execution attempt of Romell Broom titled "Ohio Execution Halted After Two Hours Of Failed Attempts."  You can find the prior opinions and articles relating to Mr. Broom at that post.  Within the post was a quote questioning whether it would be cruel and unusual punishment to attempt to execute Mr. Broom a second time.   The N.Y. Times reports that United States District Judge Gregory L. Frost has stayed the execution for a review of that issue.  Judge Frost will hold a hearing on September 28th to determine whether it would violate Mr. Broom's constitutional rights.  Additionally, Forbes has a story that Mr. Broom's attorneys have filed another petition for certiorari in the United States Supreme Court and an application for stay with Justice Stevens [see the docket here].

The stay by Judge Frost means that the execution will not go forward as scheduled this coming Wednesday and pursuant to Ohio law the date can only be rescheduled by the Supreme Court of Ohio and not until review by the federal courts is complete.


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