Future executions hinge on Supreme Court case

Future executions hinge on Supreme Court case

Mello, Michael

Death row

Supreme Court decisions--United States

This newspaper clipping is an article detailing how the undecided nature of the Supreme Court case, Lockhart v. McCree, has allowed Mello to successfully appeal for stays of execution for two of his clients on death row.

United Press International

Florida Flambeau

HIST 298, University of Mary Washington

1986-02-04

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Florida

The attorney for two death row inmates just granted last-minute stays of execution says Florida may not be allowed to execute any more prisoners until the U.S. Supreme Court decides on a crucial legal issue now under consideration. Michael Mello, who defended both Paul Beasley Johnson and Edward Dean Kennedy for the state’s capital collateral appeals office, said most executions will be on hold until the court rules on the fairness of allowing prosecutors to dismiss jurors who express strong opposition to capital punishment. Several jurors were dismissed on those grounds in the trials of Johnson and Kennedy. Both Johnson and Kennedy had been scheduled for execution early today. Kennedy received a stay from the U.S. Supreme Court on Friday, and Johnson received a stay from Florida’s highest court early Monday. In both cases, Mello based his appeal for stays on the fairness of the challenge law. “I’m absolutely ecstatic. I don’t see how they can kill anybody now, with these issues,” Mellow said. “What they’ve been doing nationally is granting stays in every case where this applies,” he said. “It’s evident to me the U.S. Supreme Court has decided no one is going to die until they settle this issue.” The case in question-Lockhart v. McCree- was argued before the court on Jan. 13, Mello said. The court does not have a set deadline on reaching a decision, he said, but is expected to rule before its current term ends on June 30. Johnson was sentenced to death for the January 1981 murders of William Evans, Darrell Ray Beasley and Deputy Sheriff Theron Burnham in Polk County. Court records state Johnson shot Evans twice and robbed him after the taxi driver picked him up outside a Winter Haven theater late at night on Jan. 8.

Newspaper

Florida Flambeau

Goode, Claire

Dickinson, Terra