death penalty news----ALABAMA
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Rick Halperin
2017-09-29 20:45:20 UTC
Sept. 29

ALABAMA----stay of impending execution

A federal appeals court has granted a stay of execution for Alabama death row
inmate Jeffrey Lynn Borden, who was scheduled to die by lethal injection next

The order from the U.S. Court of Appeals for the Eleventh Circuit stayed
Borden's execution, set for Thursday at 6 p.m.

"His...challenge began in September 2016 (long before the State obtained a
warrant for his execution) and is ongoing today. Moreover, in a case raising a
similar challenge...we recently held that there is a genuine issue of material
fact regarding whether Alabama's current method of execution violates the
Eighth Amendment's prohibition on cruel and unusual punishment and remanded for
further proceedings," the order states. Borden's scheduled execution "would
interfere with our ability to give effect to--and prevent interference
with--these decisions."

On September 6, the court reversed the district court's dismissal of Borden's
(and several other death row inmates') claims that Alabama's 3-drug execution
method is unconstitutional, and ordered the U.S. District Court for the Alabama
Middle District revisit the case and hold an evidentiary hearing.

"Our decision to enjoin Mr. Borden's execution is not an indictment of Alabama
or its officials," the order Friday stated. "Under the circumstances of this
case, we have concluded that an injunction is warranted to give the District
Court enough time to receive our mandate and proceed accordingly."

Borden has been on death row for 22 years, and was convicted of the murders of
Cheryl Borden and her father Roland Harris. The murders took place at a family
gathering in Gardendale on Christmas Eve 1993. Court records show Borden
travelled from Huntsville to Gardendale to bring his 3 children to Cheryl
Borden, his legally separate wife and the children's mother. After Cheryl
Borden arrived, Jeffrey Borden shot her in the back of her head outside the
house in the presence of the children. Borden then shot Roland Harris, his
wife's father, in the back as Harris tried to run into the house.

John Palombi, Assistant Federal Defender with the Federal Defenders for the
Middle District of Alabama, represents both Borden and McNabb. He stated, "We
are pleased that the 11th Circuit has enjoined Mr. Borden's execution. This
will allow his challenge to Alabama's method of execution to proceed without
the threat of an impending execution, and will permit the District Court to
have sufficient time to give this case the measured consideration it deserves."

Friday's order states Borden cannot be executed before October 19. Another
death row inmate, Torrey McNabb, is scheduled to be executed on October 19.

McNabb had also filed a motion to have his execution stayed, but the court
entered a second order Friday denying McNabb's request. The court's order
showed McNabb must wait until after October 5, when their original reversal of
the district court's dismissal is mandated and the district court judge court
can hold an evidentiary hearing.

"We will certainly follow the Circuit Court's direction and promptly file a
motion for stay of execution for Mr. McNabb in the District Court when that
court regains jurisdiction," Palombi said.

(source: phadp.org)
A service courtesy of Washburn University School of Law www.washburnlaw.edu

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