A petition filed by EJI attorneys in the United States Supreme Court asking the court to stay Jimmy Callahan's execution, scheduled for January 15, 2009, has been denied.
The petition was filed after the Alabama Supreme Court denied Mr. Callahan's request that it review his claim [1] that his trial judge should not have presided over the trial because the judge had participated in Mr. Callahan's interrogation by law enforcement officers. The Alabama Supreme Court did not issue an opinion.
EJI attorneys argued that the United States Supreme Court should halt Mr. Callahan's execution to provide time to review this claim.
[3]