AP:
Citing a law from 1909 that requires the governor and the council of state to approve any change in the execution process, Wake County Superior Court Judge Donald Stephens ordered Thursday the executions of Marcus Reymond Robinson and James Edward Thomas be halted until they do so.
“I believe this is a significant change in the execution protocol,” Stephens said. “In order to carry out an execution under these circumstances the governor and Council of State should review that protocol and approve it.”
Lawyer and Chapel Hill Town Council member Mark Kleinschmidt is doing an excellent job of keeping us up-to-date on the order halting executions in North Carolina.
Here’s his blog and the link to the most recent post:
I was caught off guard by Judge Stephens’ reliance on a little referenced NC statute that requires the Governor and the Council of State to approve execution protocols. The posture of the proceedings are similar to the recent moratorium imposed in Maryland when it was pointed out to a trial court there that the Maryland execution procedures had not been properly vetted through required public hearings and approved by the legislature.
There are still more than 14 hours before Marcus Robinson’s hertofore scheduled execution was to have taken place. Like any Superior Court Order this is appealable. I imagine Roy Cooper’s office (the Attorney General) is right now deciding whether they will pursue further review of Judge Stephens’ decision by the North Carolina Supreme Court. Should this go to the NC Supremes, my money is on Chief Justice Parker being the swing vote.