United States Sixth Circuit

In a death penalty case, an emergency motion for a stay of execution is denied where: 1) appellant had not demonstrated any likelihood that he could succeed on the merits of his motion to intervene in an underlying action challenging Ohio's lethal injection protocol; and 2) in light of the State's interest in proceeding with its judgment and the untimeliness of appellant's motion, he failed to show any basis upon which the court should exercise its equitable power to stay his execution.

Appellate Information

• Decided 04/24/2007
• Published 04/24/2007

Judges

• Before BATCHELDER, COLE, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel