6th Circuit Upholds Stay of Execution for Jerome Henderson

The US 6th Circuit Ct of Appeals voted en banc today to uphold the stay of execution currently in effect for Jerome Henderson.  The full court was apparently unable to muster a majority of judges to overturn last Friday's stay granted by a 3-judge panel of the court.  Considering the court's recent vote lifting a stay of execution for Jeffrey Lundgren in a virtually identical situation, and the lack of a written opinion, it's hard to know the reason for today's vote.

Court order is here (1-page pdf):
"Less than a majority of the non-recused judges in active service having favored an en banc review, It is ORDERED that the petition for rehearing en banc is hereby DENIED."

There has been no word yet as to whether the Ohio AG will appeal to the US Supreme Ct to have the stay lifted.