Federal judge denies execution stay for Don Davis but larger stay continues | Arkansas Blog

Monday, April 17, 2017

Federal judge denies execution stay for Don Davis but larger stay continues

Posted By on Mon, Apr 17, 2017 at 5:53 AM

click to enlarge DON DAVIS
Don Davis, who's been moved to the killing facility of the state prison for killing tonight at 7 p.m. if a stay of execution is lifted in another federal suit, sought a stay in another federal court Sunday, but the request was denied.

Davis, who was convicted in 1992, has completed normal appeal avenues. This was another appeal for post-conviction relief. It argues he had ineffective counsel during the penalty phase of his trial because a full accounting of elements of his life had not been presented. He's tried to raise that issue before, Judge Susan Hickey noted in denying the claim. She said he'd waited too long to raise it again and said the argument by attorneys that additional court precedent in a February case didn't excuse his failure to raise the issue before. She said that case also was based on racial elements not present in this case.

In short, she said Davis' claim, even though execution could be pending, didn't rise to the "extraordinary circumstances" that would justify a stay. She did certify his ability to appeal the ruling to the 8th Circuit U.S. Court of Appeals.

Davis killed Jane Daniel during a robbery in her Rogers home in 1990. He has admitted the crime, but said in a denied plea for clemency that he is not the person he was then.

State officials are preparing to execute Davis though, for now, a stay issued by federal Judge Kristine Baker in a case applying to nine inmates remains in force. The state is hoping the 8th Circuit Court of Appeals will lift her stay.

Tags: , , , , ,

From the ArkTimes store


Comments (3)

Showing 1-3 of 3

Add a comment

Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

Readers also liked…

  • Federal judge wants John Goodson to explain class action maneuvering

    A show-cause order filed Monday by federal Judge P.K. Holmes of Fort Smith indicates class action attorney John Goodson has some explaining to do about the move of a class action complaint against an insurance company from federal to state court with an instant pre-packaged settlement that has been criticized as a windfall for Goodson.
    • Dec 22, 2015
  • Arkansan on Obama's latest commutation list

    President Obama today announced commutations of the sentences of 111 federal prisoners, including one from Arkansas.
    • Aug 30, 2016
  • Al Gore remembers Dale Bumpers

    Former Vice President Al Gore, a former U.S. Senate colleague of Dale Bumpers, sent a statement on Bumpers' death Friday:
    • Jan 3, 2016

Most Shared

  • 'Cemetery angel' Ruth Coker Burks featured in new short film

    Ruth Coker Burks, the AIDS caregiver and activist memorably profiled by David Koon as the cemetery angel in Arkansas Times in 2015, is now the subject of a short film made by actress Rose McGowan.
  • Buyer remorse

    Out here in flyover country, you can't hardly go by the feed store without running into a reporter doing one of those Wisdom of the Heartland stories.
  • Not Whitewater

    Just think: If Democrats had turned out 78,000 more votes in three states in November, people could be reveling today in the prospect of impeaching and convicting President Hillary Clinton, not Donald Trump, as some Republican lawmakers had promised to try to do if she won.
  • Head-shaking

    Another edition of so-much-bad-news-so-little space.

Most Viewed

Most Recent Comments



© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation