Gary Otte

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.