Jason Farrell McGehee; Stacey Eugene Johnson; Marcel Wayne Williams; Kenneth Dewayne Williams; Bruce Earl Ward; Ledell Lee; Jack Harold Jones, Jr.; Don William Davis; Terrick Terrell Nooner Plaintiffs – Cross-Appellants v. Asa Hutchinson, Governor of the State of Arkansas, in his official capacity; Wendy Kelley, Director, Arkansas Department of Correction, in her official Capacity Defendants – Cross-Appellees (2017)

United States Court of Appeals, Eighth Circuit.

Jason Farrell McGehee; Stacey Eugene Johnson; Marcel Wayne Williams; Kenneth Dewayne Williams; Bruce Earl Ward; Ledell Lee; Jack Harold Jones, Jr.; Don William Davis; Terrick Terrell Nooner Plaintiffs – Cross-Appellants v. Asa Hutchinson, Governor of the State of Arkansas, in his official capacity; Wendy Kelley, Director, Arkansas Department of Correction, in her official Capacity Defendants – Cross-Appellees

No: 17-1805

Decided: April 17, 2017

Before WOLLMAN, LOKEN, RILEY, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges.

AMENDED JUDGMENT

Cross-Appellants have moved for a stay of execution pending cross-appeal. The judges in regular active service have voted to consider the motion initially en banc. The motion for stay of execution is denied. Judge Kelly would grant the motion.

Chief Judge Smith did not participate in the consideration or decision of this matter.

Order Entered at the Direction of the Court:

Clerk, U.S. Court of Appeals, Eighth Circuit.

Michael E. Gans

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