Equal Justice Initiative

The Alabama Supreme Court has set an execution date for Tommy Arthur on July 31, 2008. If the execution goes forward, it will be the first in Alabama using a new execution protocol adopted last fall.

In an appeal to the Eleventh Circuit Court of Appeals, Mr. Arthur is arguing that the court should delay his execution to give him an opportunity to challenge the constitutionality of the new lethal injection protocol.

Philip Alston, United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, visited EJI on June 24, 2008, as part of his official visit to the United States this month. Today he released a statement calling on the United States to ensure that the death penalty is applied fairly and justly in states like Alabama.

The United States Supreme Court ruled today in Kennedy v. Louisiana that the death penalty is unconstitutional for crimes that did not result, and were not intended to result, in the victim’s death. The decision struck down a Louisiana law that permitted imposition of the death penalty for rape of a child under age twelve.

The State of Alabama has moved for execution dates for four Alabama death row prisoners since the United States Supreme Court ruled last month that Kentucky's lethal injection procedure does not violate the Constitution.

This evening the United States Supreme Court stayed the execution of Jimmy Callahan one hour before he was scheduled to be killed. Because a stay of execution had been granted six weeks ago, there was no expectation that Mr. Callahan would face execution until the United States Court of Appeals for the Eleventh Circuit on Tuesday surprisingly vacated the stay that had been in place and reinstated Mr. Callhan's execution date with less than 40 hours notice.

After the Eleventh Circuit Court of Appeals yesterday evening lifted the stay of execution which had been in place since last year, Mr. Callahan today asked the United States Supreme Court to stay his execution.

The Alabama Attorney General is asking the Eleventh Circuit Court of Appeals to reinstate a January 31, 2008, execution date for Jimmy Callahan just three weeks after the Supreme Court heard oral argument in Baze v. Rees.

On Monday, January 7, 2008, the United States Supreme Court will hear oral argument in Baze v. Rees about the constitutionality of lethal injection.

Today, the death penalty was abolished in New Jersey. A bill, previously approved by the New Jersey legislature and signed into law this morning, replaces capital punishment with a sentence of life without parole. The decision in New Jersey raises questions about the death penalty in Alabama.

Today a federal district court judge granted Jimmy Callahan’s request to stay his execution, which was scheduled to take place on January 31, 2008. The judge found that a stay was necessary to allow for a trial in Mr. Callahan's lawsuit challenging the State's lethal injection protocol. The judge further found that "there was a substantial likelihood" that Mr. Callahan's challenge would be successful.