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How the Supreme Court handles death cases

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Supreme Court of the United States decisions to allow inmates to be put to death or to grant a rare reprieve often come at the last minute, and sometimes after the appointed hour of execution has come and gone.

That was the case Tuesday night in Georgia, where Marcus Wellons was pronounced dead just before midnight, nearly five hours after he was scheduled to be executed.

But there is less mystery to the high court process than one might think:

The "death clerk"

The justices and their clerks know well in advance when executions are scheduled and where. A court official informally known as the death clerk sends around a weekly update and is in frequent contact with lawyers for inmates and the states as the date of execution nears.

As lawyers for condemned inmates press the case for delay in state and lower federal courts, the Supreme Court receives information about developments and, eventually, copies of those decisions.

Late filings

Very often those lawyers bring those arguments or similar ones the highest court in the country in a final attempt to save their clients' lives. On Tuesday, for instance, lawyers for Wellons and the state of Georgia were filing legal papers at the Supreme Court well into the evening.

The justices' rejection of Wellons' various appeals was issued roughly an hour after the last filing was submitted. And Wellons was executed just over an hour later.

Fateful decisions

When an emergency appeal reaches the Supreme Court, it is directed to the justice who oversees the state in which the execution is scheduled. But death penalty appeals almost always are referred to the entire court.

The justices typically do not meet in person to discuss these cases, but confer by phone, and sometimes through their law clerks, according to the court's guide to emergency applications.

It takes five justices, a majority of the court, to issue a stay. The overwhelming bulk of last-minute appeals are denied, and often without comment.

Occasionally, one or more justices will dissent from the decision to let the execution take place. Even more rarely, a justice will explain why.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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