The execution for Alabama death row inmate Doyle Lee Hamm is back on after an appeals court vacated a lower court's stay. Records show the 11th Circuit Court of Appeals granted the state of Alabama's emergency motion to vacate Hamm's stay, which was issued earlier this month by U.S. District Judge Karon O Bowdre.
"We conclude the district court abused its discretion by staying Hamm's execution without making sufficient findings to establish a significant possibility of success on the merits," the court wrote in its order issued Tuesday afternoon.
The court wrote that the Supreme Court requires a "significant possibility of success on the merits" for a stay to be issued; however, the district court only stated Hamm showed a "substantial likelihood of success," which isn't sufficient.
The 11th Circuit Court also ordered the lower court to immediately appoint an independent medical examiner to evaluate Hamm-- whose lawyer says he suffers from lymphatic cancer-- and announce the findings no later than February 20 by 5 p.m. central time.
Hamm's execution is set for Feb. 22 at 6 p.m. at Holman Prison in Atmore.
"Since the district court's findings establish only the existence of genuine factual disputes concerning whether, as applied to Hamm, Alabama's method of execution carries a significant risk of being ineffective and painful, we conclude that the court abused its discretion in granting a stay," the order stated.
Hamm, 60, has been on death row since 1987 after being convicted of killing Patrick Cunningham-- a Cullman motel clerk.
According to information revealed in court and through records, Hamm was diagnosed with cancer in 2014 and underwent treatment. The Alabama Department of Corrections said Hamm's cancer went into remission in March 2016, and no scans from an oncologist have been performed since. In the spring of 2017, Hamm complained of having lumps on his chest and abdomen area. An X-ray was performed, but no PET scans or biopsies were completed. Earlier this month, doctors said there was no evidence of cancer in his clavicle, but did not have a definitive answer about the other lumps.
In Bowdre's 25-page order granting the stay, she states: "If his current medical condition includes compromised peripheral veins, lymphoma untreated for 3 years, and lymphadenopathy... the injection of fluid could 'blow out' his veins with infiltration of drugs into the surrounding tissue; and efforts to place a central line could be hindered by enlarged lymph nodes creating a higher risk of puncturing a central artery--all resulting in severe and unnecessary pain." She also called the scenario "gruesome."
Source:
al.com, February 15, 2018
Court: Execution OK for Inmate Claiming Damaged Veins
A federal appeals court overturns stay of lethal injection for Alabama murder convict who says his veins are damaged.
A federal appeals court says Alabama, at least for now, can proceed toward the execution of an inmate who argues that a lethal injection would be cruel because lymphoma and hepatitis C have damaged his veins.
The 11th U.S. Circuit Court of Appeals on Tuesday overturned a federal judge's stay of execution for Doyle Lee Hamm, who is scheduled to be put to death on Feb. 22 for the 1987 murder of motel clerk Patrick Cunningham.
The appellate court ruled that a judge prematurely stayed the execution, but agreed there are unsettled questions about Hamm's health.
The 3-judge panel said an independent medical expert should review Hamm's condition immediately.
Source: The Associated Press, February 15, 2018
Bill to allow execution by nitrogen hypoxia clears committee
A bill to create a 3rd method of execution for death penalty inmates in Alabama won approval today in the Senate Judiciary Committee.
The bill, by Sen. Trip Pittman, would allow death row inmates to choose execution by nitrogen hypoxia.
Current law requires that executions in Alabama be carried out by lethal injection unless the condemned inmate chooses electrocution.
Pittman said he believes the death penalty is appropriate for some heinous crimes and that nitrogen hypoxia would be a more humane method.
Pittman said Oklahoma has already made nitrogen hypoxia one option for execution.
The committee approved the bill by a vote of 11-1, moving it to the Senate floor.
Sen. Linda Coleman-Madison, D-Birmingham, said she opposed the death penalty but said she believed nitrogen hypoxia would be a more humane method.
Sen. Bobby Singleton, D-Greensboro, voted against the bill.
Source: al.com, February 15, 2018
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
