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.
After the United States Supreme Court made clear last year that executions would be stayed until resolution of Baze v. Rees, the Alabama Supreme Court nonetheless continued to schedule executions. [1] Thomas Arthur was scheduled to be executed on December 6, 2007, and Jimmy Callahan was scheduled for January 31, 2008. Mr. Arthur’s execution was stayed by the United States Supreme Court [2] on December 5, 2007. Mr. Callahan’s execution was stayed by the U.S. District Court on December 14, 2007.
Mr. Callahan’s challenge to lethal injection was filed in October 2006. The federal district court ruled [3] that a stay was necessary so that Alabama’s first and only trial on the merits of lethal injection could take place. The judge further found that "there was a substantial likelihood" that Mr. Callahan's challenge would be successful.
Although the stay has been in place for six weeks, the Eleventh Circuit indicated last week that it would issue a decision today, facilitating a possible execution on Thursday. The State of Alabama has notified the U.S. Supreme Court that it will ask that court to vacate the stay if the Eleventh Circuit refuses to do so.