Tennessee high court refuses to block looming execution

Legal Compliance

The Tennessee Supreme Court has refused to stay Thursday's scheduled execution of a convicted child killer while the state's new lethal injection protocol continues to be challenged on appeal.

The order brings Tennessee within days of killing Billy Ray Irick with a three-drug mixture, barring some last-minute change. Irick, 59, would be the first inmate Tennessee has executed since 2009. He was convicted of the 1985 rape and killing of a 7-year-old Knoxville girl.

Federal public defender Kelley Henry said she will request a stay with the U.S. Supreme Court. She had asked Gov. Bill Haslam to issue a temporary reprieve while the drugs are studied further. But the governor quickly ruled it out, saying he would not intervene.

"My role is not to be the 13th juror or the judge or to impose my personal views, but to carefully review the judicial process to make sure it was full and fair," Haslam said in a statement Monday. "Because of the extremely thorough judicial review of all of the evidence and arguments at every stage in this case, clemency is not appropriate."

The Tennessee Supreme Court's majority wrote that its rules require proving that the lawsuit challenging the lethal injection drugs is likely to succeed on appeal, but Irick's attorney has failed to do so.

In a ruling late last month, Davidson County Chancellor Ellen Hobbs Lyle wrote that attorneys for 33 death row inmates, including Irick, didn't prove that there is a substantially less painful means to carry out the execution or that the drugs the state plans to use would cause the inmate to be tortured to death.

Related listings

  • Supreme Court nominee Kavanaugh's gun views are clear

    Supreme Court nominee Kavanaugh's gun views are clear

    Legal Compliance 07/30/2018

    Supreme Court nominee Brett Kavanaugh says he recognizes that gun, drug and gang violence "has plagued all of us." Still, he believes the Constitution limits how far government can go to restrict gun use to prevent crime.As a federal appeals court ju...

  • Court: Release surveillance video in Florida school shooting

    Court: Release surveillance video in Florida school shooting

    Legal Compliance 07/25/2018

    An appeals court says news organizations are entitled to obtain surveillance video showing the law enforcement response to the Valentine's Day mass shooting at a Florida high school.The 4th District Court of Appeal on Wednesday upheld a lower court's...

  • Tennessee abortion change vote case appealed to high court

    Tennessee abortion change vote case appealed to high court

    Legal Compliance 07/23/2018

    Opponents of a state constitutional amendment that passed in 2014 to allow tougher abortion restrictions are appealing to the U.S. Supreme Court after a circuit appellate court denied a recount.The appeal in the Amendment 1 case was filed earlier thi...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.