NEW SERIOUS EXECUTION DATE: ROMELL BROOM - OCTOBER 18

The Ohio Supreme Court today set an October 18, 2007, execution date for Ohio death row inmate Romell Broom.  This appears to be a serious execution date:  Romell's conviction and death sentence were upheld by a 3-judge panel of the US 6th Circuit Ct. of Appeals in March, '06; a petition for a 6th Circuit en banc rehearing was denied in October, '06; the US Supreme Court denied cert. in February of this year, and a motion for reconsideration in April.

• The US 6th Circuit's March, 2006, ruling denying relief to Broom, containing factual and legal background, is here (19-page pdf).

Note on Broom, Clarence Carter execution dates / status of lethal injection challenge case:  Attorneys for Romell Broom filed a motion for inclusion in the Ohio lethal injection lawsuit in US district court in April, but there has been no ruling on the request yet.  Because of the recent rulings by the US 6th Circuit ordering dismissal of the lethal injection case, and the still in-process request for review of that dismissal by the US Supreme Court, the status of various participants in the litigation is uncertain.  Attorneys are moving to "stay the mandate" of the 6th Circuit ruling, which would put implementation of the dismissal on hold pending the Supreme Court response. If the stay of the mandate issues, the consensus seems to be that US District Court Judge Frost will continue to grant inclusion to the lethal injection suit to qualified parties, at least until the Supreme Court response (expected some time this fall - although the timetable could vary depending on how long the Cooey attorneys are given to file briefs; they could be given 90 days, or they could be given less).  The consensus also seems to be that if there is a stay of the mandate, the stays of execution issued prior to the 6th Circuit's dismissal ruling would remain in effect until the Supreme Court response.  Clarence Carter was granted a stay of his July 10 execution in district court on the same day the 6th Circuit ordered the lethal injection case dismissed and - unlike the other stays - his stay has obviously not had any kind of review by the 6th Circuit.  There is a lot of uncertainty and diversity of opinion about how the Carter stay will play out.  Several other inmates were granted inclusion in the lethal injection litigation prior to the 6th Circuit ruling, but have not had execution dates set.  It is not clear whether stays of execution would be issued in response to new execution dates set for any of them before the Supreme Court response.

• As always, preceding information is provided caveat emptor.  It is a best attempt to synthesize information and opinions from various sources.