Gary Haugen

Stays of Execution 2017



Date of Scheduled Execution State Prisoner Reason for Stay
January
11 OH Anthony Kirkland Stay granted by Ohio Supreme Court on October 16, 2014 “pending disposition of available state remedies …. It is further ordered that this stay shall remain in effect until exhaustion of all state post-conviction proceedings, including any appeals.”
12 OH James Hanna Reprieve granted by Gov. John Kasich because Ohio did not have execution drugs.^^
12 OH Ronald Phillips Stay granted by magistrate judge in U.S. District Court on December 19, 2016 to permit litigation of challenge to Ohio lethal injection protocol; on December 21, 2016, governor then rescheduledexecution for February 15, 2017.
23 OR Gary Haugen Reprieve in place, Gov. John Kitzhaber imposed a moratorium on all executions in Oregon. Current Gov. Kate Brown has requested a report on the status of the death penalty and indicated the report will inform future policy decisions.
25 TX Kosoul Chanthakoummane Execution date rescheduled to July 19, 2017.
February
2 TX John Ramirez Stay granted by U.S. District Court on January 31, 2017 to permit new counsel to file a petition seeking clemency for Ramirez. On February 1, the United States Court of Appeals for the Fifth Circuit deniedthe Texas Attorney General’s motion to vacate the District Court’s stay order.
7 TX Tilon Lashon Carter Stay granted by the Texas Court of Criminal Appeals on February 3, 2017 on a 5-4 vote. The Court ruled that Texas had failed to timely serve the death warrant upon the Texas Office of Capital and Forensic Writs.
15 OH Ronald Phillips Stay granted by U.S. District Court magistrate judge on January 26, 2017 as part of preliminary injunction order declaring Ohio’s execution protocol unconstitutional. Then rescheduled for May 10, 2017 by Gov. John Kasich on February 10, 2017.*
19 OH Ramond Tibbetts Stay granted by U.S. District Court magistrate judge on December 19, 2016 to permit litigation of challenge to Ohio lethal injection protocol; on December 21, 2016, Gov. John Kasich rescheduledexecution for April 12, 2017.
March
2 PA Wayne Smith Stay granted by U.S. District Court for the Eastern District of Pennsylvania on January 25, 2017 to provide Smith to vindicate his right to pursue state and federal post-conviction challenges to his conviction and sentence that are available to all criminal defendants.
3 PA Richard Poplawski Stay granted by the Allegheny County Court of Common Pleas on February 17, 2017 to provide Poplawski the opportunity to pursue state post-conviction challenges to his conviction and sentence that are available to all criminal defendants.
4 PA Aric Woodard Stay granted by the York County Court of Common Pleas on February 9, 2017 to provide Woodard the opportunity to pursue state post-conviction challenges to his conviction and sentence that are available to all criminal defendants.
6 PA Patrick Haney Stay granted by U.S. District Court for the Western District of Pennsylvania on February 8, 2017 to provide Haney the opportunity to pursue state and federal post-conviction challenges to his conviction and sentence that are available to all criminal defendants.
15 OH Gary Otte Stay granted by U.S. District Court magistrate judge on January 26, 2017 as part of preliminary injunction order declaring Ohio’s execution protocol unconstitutional. Then rescheduled for June 13, 2017 by Gov. John Kasich on February 10, 2017.*
22 OH Jeremiah Jackson Stay granted by Ohio Supreme Court until exhaustion of all state post-conviction proceedings.
April
12 OH Ramond Tibbetts Stay granted by U.S. District Court magistrate judge on January 26, 2017 as part of preliminary injunction order declaring Ohio’s execution protocol unconstitutional. Then rescheduled for July 26, 2017 by Gov. John Kasich on February 10, 2017.*
12 TX Paul Storey Stay granted by Texas Court of Criminal Appeals.
17 AR Bruce Ward Stay granted by the Arkansas Supreme Court on April 14 to permit counsel to litigate whether Ward is mentally competent to be executed. Temporary restraining order granted by Pulaski County court on April 14 in litigation brought by pharmaceutical company seeking to bar Arkansas from using vecuronium bromide in scheduled execution. Restraining order lifted by Arkansas Supreme Court. Stay granted by the Arkansas Supreme Court on April 17 pending decision by the United States Supreme Court in McWilliams v. Dunn on questions concerning the right to an independent mental health expert that may affect the resolution of similar issues in Ward’s case.
17 AR Don Davis Temporary restraining order granted by Pulaski County court on April 14 in litigation brought by pharmaceutical company seeking to bar Arkansas from using vecuronium bromide in scheduled execution. Restraining order lifted by Arkansas Supreme Court. Stay granted by the Arkansas Supreme Court on April 17 pending decision by the United States Supreme Court in McWilliams v. Dunn on questions concerning the right to an independent mental health expert that may affect the resolution of similar issues in Davis’s case.
20 AR Stacey Johnson Temporary restraining order granted by Pulaski County court on April 14 in litigation brought by pharmaceutical company seeking to bar Arkansas from using vecuronium bromide in scheduled execution. Restraining order lifted by Arkansas Supreme Court. Stay issued by Arkansas Supreme Court on April 19 to allow hearing on postconviction DNA testing.
25 VA Ivan Teleguz Death sentence commuted by Gov. Terry McAuliffe on April 20 to life in prison, with no chance for parole.
27 AR Jason McGehee Preliminary inunction granted by U.S. District Court for the Eastern District of Arkansas staying McGehee’s execution until Arkansas Parole Board complies with 30-day period for public comment on its 6-1 recommendation for clemency and Gov. Asa Hutchinson decides whether to issue clemency.
May
10 OH Alva Campbell, Jr. Execution rescheduled for September 13, 2017 by Gov. John Kasich on February 10, 2017.*
10 OH Ronald R. Phillips Execution rescheduled for July 26, 2017 by Gov. John Kasich on May 1, 2017.**
17 OH Donald Ketterer Stay granted by Ohio Supreme Court until exhaustion of all state post-conviction proceedings.
16 TX Tilon Carter Stay granted by Texas Court of Criminal Appealson May 12 to permit the court to consider claim that new evidence shows that Carter’s conviction was a product of scientifically erroneous and false forensic testimony that the victim had been smothered.
24 TX Juan Castillo Execution rescheduled for September 7, 2017.
June
13 OH William Montgomery Execution rescheduled for October 18, 2017 by Gov. John Kasich on February 10, 2017.*
13 OH Gary Otte Execution rescheduled for September 13, 2017 by Gov. John Kasich on May 1, 2017.**
28 TX Steven Long Execution rescheduled for August 30, 2017.
July
19 OH Mark Pickens Stay granted by Ohio Supreme Court until exhaustion of all state post-conviction proceedings.
19 TX Kosoul Chanthakoummane Stay granted by Texas Court of Criminal Appealson June 7, 2017, to review claims of discredited forensic science.
26 OH Robert Van Hook Execution rescheduled for November 15, 2017 by Gov. John Kasich on February 10, 2017.*
26 OH Raymond Tibbetts Execution rescheduled for October 18, 2017 by Gov. John Kasich on May 1, 2017.**
August
15 PA Omar Shariff Cash Stay granted by U.S. District Court for the Eastern District of Pennsylvania on June 28, 2017 to provide Cash the opportunity to pursue state and federal post-conviction challenges to his conviction and sentence that are available to all criminal defendants.
22 MO Marcellus Williams Stay granted by Governor Greitens on August 22, 2017. The Governor appointed a Gubernatorial Board of Inquiry to further consider Marcellus Williams’ request for executive clemency.
30 TX Steven Long Stay granted by the Texas Court of Criminal Appeals on August 21, 2017 to permit Long to re-litigate his claim of intellectual disability under Moore v. Texas. The Texas courts had previously denied his claim, applying the “Briseno factors” that were declared unconstitutional in Moore.
September
7 TX Juan Castillo On August 30, 2017, the Bexar County District Court granted the Bexar County District Attorney’s motion to withdraw Juan Castillo’s execution date. The request was made after Governor Abbott declared a state of disaster for 30 Texas counties because of Hurricane Harvey. The court also issued an order setting a new execution date for December 14, 2017.
13 OH Jeffrey A. Wogenstahl Stay granted by the Ohio Supreme Court on May 4, 2016 on motion to vacate execution date and to reopen direct appeal. Execution rescheduled for April 17, 2019 by Gov. John Kasich on February 10, 2017.*
13 OH Alva Campbell, Jr. Execution rescheduled for November 15, 2017 by Gov. John Kasich on May 1, 2017.**
26 GA Keith Tharpe Stay granted by the U.S. Supreme Court on September 26, 2017 “pending the disposition of [Tharpe’s] petition for a writ of certiorari” seeking review of a decision by the 11th Circuit denying him an appeal of his habeas corpus claim that his death sentence was unconstitutionally tainted by the participation of a racially biased juror.
October
5 AL Jeffrey Borden Injunction granted by U.S. Court of Appeals for the 11th Circuit on September 29 staying Borden’s execution through October 19, 2017, but vacated by the U.S. Supreme Court on October 4. Stay grantedby U.S. District Court for the Middle District of Alabama on October 5, 2017
18 OH Melvin Bonnell Rescheduled for April 11, 2018 by Gov. John Kasich on February 10, 2017.*
18 OH William Montgomery Rescheduled for January 3, 2018 by Gov. John Kasich on May 1, 2017.**
18 OH Raymond Tibbetts Rescheduled for February 13, 2018 by Gov. John Kasich on September 1, 2017.^
18 TX Anthony Shore 90-day stay of execution granted by Harris County trial court to permit prosecutors to investigate claim that Shore was colluding with another death-row prisoner to confess to the murder in that case. Execution rescheduled for January 18, 2018.
19 AL Torrey McNabb Injunction granted by U.S. District Court for the Middle District of Alabama on October 16, 2017 astaying McNabb’s execution, and affirmed by the U.S. Court of Appeals for the 11th Circuit on October 18. Injunction vacated by U.S. Supreme Court on October 19, 2017 and stay lifted. EXECUTED.
26 TX Clifton Lee Young Stay granted by the Texas Court of Criminal Appeals on October 18, 2017 and evidentiary hearing ordered on Young’s claim that newly discovered evidence (gunshot residue on the gloves of the prosecution’s key witness and affidavits of four prisoners that this witness had bragged about committing the killing and framing Young) shows that his conviction and sentence were obtained with false or perjured testimony.
November
9 AR Jack Greene Stay granted by the Arkansas Supreme Court on November 7, 2017 on petition raising issue related to Arkansas procedures for determining competency to be executed.
14 NV Scott Dozier Stay granted by the Clark County District Court on November 9, 2017 to permit the prosecution to appeal its ruling barring the use of a paralytic drug in Nevada’s execution protocol.
15 OH Alva Campbell Gov. John Kasich called off the execution on November 15, 2017 after personnel of the Ohio Department of Corrections failed five times to find a suitable vein to insert an intravenous execution line.
15 OH Robert Van Hook Rescheduled for February 13, 2018 by Gov. John Kasich on May 1, 2017.**
16 TX Larry Swearingen Stay granted by trial court on October 27 because of clerk’s error in serving notice of execution.

Oregon Supreme Court upholds governor’s reprieve for death-row inmate who wants to die


June 20, 2013   http://www.startribune.com

Oregon Gov. John Kitzhaber can delay the lethal injection of a death-row inmate who wants to waive his appeals and speed his execution, the state’s highest court ruled Thursday.

The Oregon Supreme Court said Kitzhaber did not overstep his power when he granted a reprieve delaying the death sentence of Gary Haugen, who was convicted of two murders.

Kitzhaber opposes the death penalty and intervened weeks before Haugen was scheduled to be executed in 2011. The governor said he refused to allow an execution under a state death-penalty system he views as broken, vowing to block any execution during his term in office.

Haugen challenged Kitzhaber’s clemency, saying the reprieve was invalid because Haugen refused to accept it. He also argued that it wasn’t actually a reprieve but rather an illegal attempt by the governor to nullify a law he didn’t like.

The governor argued that his clemency power is absolute, and nobody — certainly not an inmate on death row — can prevent him from doing what he believes to be in the state’s best interest.

Kitzhaber has urged a statewide vote on abolishing the death penalty, although the Legislature has shown little interest in putting it on the ballot in 2014. He renewed his request after the ruling Thursday, saying capital punishment “has devolved into an unworkable system that fails to meet the basic standards of justice.”

“I am still convinced that we can find a better solution that holds offenders accountable and keeps society safe, supports the victims of crime and their families and reflects Oregon values,” Kitzhaber said in a statement.

The case involved a sparsely explored area of law — how much power the governor has to reduce, delay or eliminate criminal sentences. The justices had very little precedent to guide their decision, and neither lawyer could point to any other case where an inmate challenged an unconditional reprieve that spared him from the death penalty.

Haugen was sentenced to death along with an accomplice in 2007 for the jailhouse murder of a fellow inmate. At the time, Haugen was serving a life sentence for fatally beating his former girlfriend’s mother in 1981.

Americans and their elected representatives have expressed mixed feelings about the death penalty. Lawmakers abolished capital punishment in New Mexico, New Jersey and Connecticut, but Californians turned down a chance to follow suit at the ballot box last year.

In 2000, then-Gov. George Ryan of Illinois issued a moratorium on the death penalty after numerous condemned inmates were exonerated. The Legislature abolished capital punishment more than a decade later.

OREGON – Death Row Inmate Asks Judge to Permit His Execution – Gary Haugen


July 24, 2012

SALEM, Ore. – Twice convicted murderer Gary Haugen is asking the state of Oregon to execute him. The death row inmate appeared in a Marion County courtroom today . He’s challenging an order by Governor John Kitzhaber that placed a moratorium on the death penalty while the Democrat is in office.

Haugen’s attorney Harrison Latto told the judge the reprieve leaves his client with an uncomfortable level of uncertainty.

“For the reason also that the reprieve is clearly not for Mr. Haugen’s benefit, he will have to endure what he considers to be onerous conditions”

Attorneys for the state countered that an inmate can’t refuse an unconditional benefit granted by the governor.

Judge Timothy Alexander said there was no need for Haugen himself to make any statements at this hearing. It’s not clear when he will make his final decision.

Oregon – death-row inmate Gary Haugen in court this week


July 22, 2012 http://www.oregonlive.com/

SALEM — Oregon death-row inmate Gary Haugen is heading back to court this week in his bid to carry out his death sentence.

Gov. John Kitzhaber granted Haugen an unwanted reprieve on Nov. 22 two weeks before the twice-convicted murderer was to be executed.

The Statesman Journal reports that Timothy Alexander, a senior judge from Washington County, will hear arguments in Haugen’s civil suit on Tuesday in Marion County Circuit Court. He is not expected to decide the case immediately.

Kitzhaber vowed at his Nov. 22 announcement there would be no executions carried out as long as he was governor.

Oregon has executed two people since voters reinstated the death penalty in 1984.

OREGON – Death Row Inmate Sues to be Executed – Gary Haugen


june 17, 2012  Source : http://www.allgov.com

Oregonian Gary Haugen is having trouble making up his mind whether he wants to live or die. The 49-year-old prisoner has been on death row since 2007 for fatally beating and stabbing fellow inmate David Polin in 2003, while Haugen was serving a life sentence without parole for beating his ex-girlfriend’s mother to death in 1981. Both crimes were exceptionally violent: Polin’s skull was crushed and he had been stabbed 84 times.

Originally scheduled to die August 16, 2011, Haugen waived his appeals to protest the “arbitrary and vindictive nature of the death penalty,” but the Oregon Supreme Court cancelled his execution because Haugen’s attorneys argued that he was mentally incompetent to waive his appeals. After a hearing found him competent, he was scheduled to die December 6, when Oregon Governor John Kitzhaber announced he was granting Haugen a reprieve from execution, and that he would not allow any executions to proceed, at least until the state legislature has a chance to consider and enact reforms. Kitzhaber called Oregon’s death penalty system “compromised and inequitable.”
 
Haugen initially thought Kitzhaber’s action “was a smash, [that] something good was done,” and his attorneys filed papers accepting the Governor’s reprieve. Within a short time, however, Haugen changed his mind, calling the Kitzhaber “a paper cowboy” who “couldn’t pull the trigger.” He was particularly critical of Kitzhaber’s decision to submit possible reforms to the 2013 State Legislature, rather than in 2012; that decision likely flowed from the fact that the legislature meets for only 35 days in even numbered years but for 160 days in odd years.
Now Haugen wants the courts to force Kitzhaber to allow his execution. In a lawsuit filed May 24, Haugen’s new attorneys argue that a pardon or reprieve must be accepted by the inmate to be valid, and that Haugen’s prior attorneys did not have his consent to file papers welcoming the reprieve. They also argue that Governor Kitzhaber exceeded his constitutional authority in granting the reprieve, because a reprieve is ordinarily time-limited, rather than open-ended.
The lawsuit may face rough going, however, as it relies on two very old cases (from 1918 and 1926) for its “acceptance” argument, and cites only a 43-year-old legal dictionary for the proposition that the Governor can issue only time-limited reprieves. Neither theOregon Constitution nor relevant statutes place any such restrictions on the Governor’s power.

 

OREGON – Prosecutor agrees with OR death row inmate


april, 3 2012 source : http://www.dailytidings.com

PORTLAND, Ore. — As Oregon death row inmate Gary Haugen fights a reprieve, he has a supporter in Marion County District Attorney Walt Beglau whose office won the death penalty conviction.

Haugen wants to be executed and has asked a circuit court to rule that Gov. John Kitzhaber’s reprieve is legally ineffective because Haugen doesn’t accept it.

Beglau told The Oregonian that’s the central issue in the case. Beglau says he disagrees with Kitzhaber’s reprieve and won’t defend it. The Oregon Justice Department will.

Haugen was sentenced to die for killing another inmate in prison. The governor is opposed to capital punishment.