August Executions

Three executions in three states. None in Florida or Texas.

Anthony Darrell Dugard Hines (TN)

These lengthy delays create two special constitutional difficulties. First, a lengthy delay in and of itself is especially cruel because it “subjects death row inmates to decades of especially severe, dehumanizing conditions of confinement.” Second, a lengthy delay undermines the death penalty’s penological rationale.

Hines was sentenced to die for a rape/murder committed forty years ago. I hold to my repeated concern, with the usual Breyer reference, about these delays. Sotomayor and/or Jackson should support it. 

Various reasons to suggest he is guilty, but he claims innocence. The final Supreme Court appeal cites red flags as to state execution procedures, including not supplying enough details about them. 

The Court, per curiam (Sotomayor dissented), earlier overturned a lower court holding of ineffective counsel. This time, as usual, they rejected the final appeal without comment. 

The execution occurred later that morning. 

Carlos Cuesta-Rodriguez (OK) 

Rodriguez opposed commutation of his death sentence from over twenty years ago for murdering his girlfriend (common law wife). He's 70. The execution is a semi-voluntary euthanasia move. 

The main argument against execution is that there are possible mitigating factors, including acceptance of his guilt. Another "lottery" pick for execution. 

Jeremy Williams (AL) 

Williams admitted guilt of a truly horrible crime: the rape and murder of a young child. He waived appeals. 

Remarkably, the crime took place less than five years ago. I complained about delays. So, yes, that is good on some level. There was some time to ensure the execution is appropriate, even if he accepts it.

(If you want to click, you can see the details of the crime. I'm not avoiding them. I accept hard cases. The details are horrible, especially who helped him.) 

His remorse is a reason not to execute him. Alabama also has had multiple problems with execution procedures. That is a problem, even if the person is crystal clear guilty and worthy of death.

Williams was the last of the three to be executed. Alabama used lethal injection; nitrogen gas was blocked in an earlier case in court. 

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Another execution is scheduled next week.

We also have a schedule of the current November oral arguments. For completeness, let's toss in that Kagan provided a one-day administrative stay here.