Four of the eight inmates scheduled to be executed this month in Arkansas were put to death as planned, while four others, highlighted in bold below, have had their executions effectively stopped as a result of multiple lawsuits filed by the eight men in recent weeks.
Execution status
Allowed
Blocked
Executed
Scheduled execution
March 27
April 17
20
24
27
Bruce Ward
Don Davis
Stacey Johnson
Ledell Lee
Jack Jones
Marcel Williams
Kenneth Williams
Jason McGehee
The suits relied on a variety of legal theories, and in some cases were filed by a single inmate, while others were filed by more than one of the inmates.
The execution of Ledell Lee, which ended on April 20 shortly before midnight, occurred only after a flurry of legal challenges that included:
■ A case in which the state of Arkansas was accused of buying its lethal injection drugs under false pretenses. There were a series of decisions and appeals that ultimately ended around 4 p.m. Thursday with the State Supreme Court allowing the execution to proceed.
■ Another case that cited the Eighth Amendment’s prohibition against cruel and unusual punishment. The United States Supreme Court decided at about 11:25 p.m to allow the execution to go forward.
The execution orders for each inmate are only valid for the scheduled day. If legal action prevented an execution from occurring before midnight, a new death warrant would have to be issued by the governor, whose spokesman has said he would not immediately pursue new warrants.
Argument: Use of the drug midazolam in an execution would constitute cruel and unusual punishment.
March 27
April 10
15
17
19
20
Ward
Davis
Johnson
Lee
Jones
M. Williams
K. Williams
McGehee
March 27Lawsuit filed.
April 10Hearings begin.
April 15Court stops executions.
April 17Court allows executions.
April 19Inmates appeal to U.S. Supreme Court.
April 20U.S. Supreme Court denies appeal.
The Arkansas inmates have filed a complaint arguing that the state’s use of midazolam, a drug that some have testified cannot fully anesthetize a person, violates the Eighth Amendment protection against cruel and unusual punishment.
Additionally, they argued that scheduling eight executions in 10 days would put the prison staff under great stress, increasing the risk of a botched execution.
After four days of hearings, a circuit court judge granted a preliminary injunction blocking the executions. But the decision was overturned by an appeals court two days later, the day the first executions were scheduled. The United States Supreme Court ultimately denied the inmates’ appeal.
In separate lawsuits, Marcel Williams and Jack Jones brought challenges based on the Eighth Amendment, arguing that they have a high risk of experiencing severe pain during execution because of problems with their health. Both cases were rejected up to the U.S. Supreme Court on the day of their scheduled executions on Monday.
April 11
17
21
22
24
Jones
M. Williams
April 11Williams files lawsuit.
April 17Jones files lawsuit.
April 21District court denies both requests.
April 21Williams appeals.
April 22Jones appeals.
April 24Federal and U.S. Supreme courts deny both requests.
April 248:15 p.m. Court temporarily blocks Williams’s execution after complaints regarding Jones’s execution.
April 249:22 p.m. Court allows execution.
Argument: The state acquired one of the injection drugs improperly.
April 14
17
18
19
20
Ward
Davis
Johnson
Lee
Jones
M. Williams
K. Williams
McGehee
April 14Lawsuit filed, executions stopped.
April 17Executions allowed.
April 18McKesson refiles lawsuit.
April 19Executions stopped.
April 20Executions allowed.
A pharmaceutical distributor alleged that the Arkansas Department of Correction obtained its supply of vecuronium bromide, a drug used in executions to stop breathing, under false pretenses.
McKesson Corporation, a drug distributor, was not supposed to sell the state prison system the drug for use in executions. McKesson, which said the sale was inadvertent, asked the state to return the vials of the drug, and it issued a refund. The state accepted the refund but did not return the drug.
Argument: Untested DNA evidence could prove innocence.
April 13
17
18
19
20
Johnson
Lee
April 13Johnson requests DNA test.
April 17Johnson’s request denied.
April 17Lee requests DNA test.
April 18Johnson requests DNA test again.
April 18Lee files counsel motion.
April 18Lee’s DNA test denied.
April 19Johnson’s execution stopped.
April 19Lee refiles motion.
April 20Lee’s motion is denied.
Stacey E. Johnson and Ledell Lee, both convicted over 20 years ago, have requested that previously untested DNA evidence be examined in order to prove their innocence.
Mr. Johnson was granted a stay on Wednesday by the Arkansas Supreme Court.
Mr. Lee also filed a motion to reopen his federal case based on a complete breakdown of counsel in his more than 20 years of petitioning, including one lawyer who was inebriated during trial and a subsequent one who never pursued innocence or intellectual disability claims.
Argument: Three inmates should not be executed because they have mental disabilities.
April 21
27
Ward
Davis
K. Williams
April 12Ward and Davis file mental competency motion.
April 13Ward files another request.
April 14Court stops Ward’s execution.
April 15State asks court to reconsider Ward’s stay order.
April 174 p.m. Court halts both executions.
April 177 p.m. Arkansas asks for stay to be overturned.
April 1711:45 p.m. The state’s request is denied.
April 21Williams files motion.
April 27Court denies Williams’ motion.
Bruce Ward and Don Davis filed for stays of execution on the basis of mental incompetency. They said that they were denied the right to an independent psychiatric assessment.
On the basis of this filing, the Arkansas Supreme Court halted the executions of both men. Lawyers for the state appealed the decision to the United States Supreme Court but were denied.
In a separate round of litigation, Bruce Ward was granted a stay after his lawyers argued that he suffered from schizophrenia and was incompetent to face execution.
Kenneth Williams also filed a motion for a stay of execution based on intellectual disability ahead of his execution, but was denied.
Argument: The state violated due process by shortening the clemency process.
March 28
April 4
6
18
20
Ward
Johnson
Lee
M. Williams
K. WIlliams
McGehee
March 28Lawsuit filed.
April 4Court hearing.
April 6McGehee execution stopped.
April 18Four inmates appeal.
April 20U.S. Supreme Court denies appeal.
Six of the eight inmates filed a lawsuit challenging the state’s effort to shorten the clemency process, claiming it had violated due process. The inmates argued that Arkansas had violated its own requirement that clemency hearings be held at least 30 days before an execution. Also, inmates are normally given two hours to hear evidence; the inmates were only allowed one hour.
Only one of the inmates, Jason McGehee, received a recommendation of clemency from the Parole Board, which resulted in a stay of his execution.