Friday, November 16, 2007

Follow-up on Schwab’s stay

For clarification the Supreme Court earlier today granted a stay to Schab “off-of” the Florida Supreme Court’s holding and not this morning’s Eleventh Circuit opinion. I’m aware that there is some concern the stay in Schwab may have some long term

One of Doc Berman’s commenters makes a very interesting observation that is much more nuanced and thought out than I could hope to make

The 11th Circuit does not even mention the actual legal standard for granting stays of execution as expressed in Barefoot v. Estelle. That is the same standard by which the Supreme Court has been granting stays. Because this case is situated no differently, it follows that the standard is met, and quite obviously so. This is just another example of a federal appellate court ignoring law because of the identity of one of the litigants.

Congrats go out toMark Gruber, Peter Cannon, Daphney Gaylord & crew at CCMR.

posted: November 15th, 2007

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