×
You've used up your 3 free articles for this month. Subscribe today.
Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process
by Mark Wilson
The Arkansas Supreme Court held that a state law granting the corrections director sole discretion to determine if a prisoner is competent to be executed violates state and federal due process protections.
Only the governor, the Department of Correction’s director and the clerk of the state Supreme ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- News in Brief
- Executive Order Prompts BOP to Expand Prison Apprenticeship Programs, by Dale Chappell
- Fourth Circuit: BOP Must Consider State Court’s Designation to Serve Concurrent Federal Sentence
- Hedge Fund Pumps More Money into Corizon Health
- “Prisoner of Weed” Released, Sets Sights on Criminal Justice Reform, by Dale Chappell
- CoreCivic Bilked Rural Oklahoma Town, Forced to Pay Back Money in Lawsuit, by Steve Horn
- Kentucky Jailer Gets New Trial in Beating of Pretrial Detainee
- Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim, by David Reutter
- Colorado Voters Approve Constitutional Amendment Abolishing Prison Slavery, by Matthew Clarke
- Settlement in Lawsuit Against Missouri DOC’s Selection of Execution Witnesses, by Kevin Bliss
- New York Criminal Defense Attorney Charged with Federal Crimes, by Chad Marks
- Prisoner Who Inspired First Step Act Is First Released, by Kevin W. Bliss
- Reports Cite Poor Leadership in U.S. Marshals Service, by Edward Lyon
- Long-Term Illinois Prisoners Rarely Released by State Parole Board, by Rick Anderson
- North Carolina Prison Guard Sues Over Religious Discrimination, by Monte McCoin
- Voters Consider Criminal Justice-Related Issues in Midterm Elections, by Steve Horn
- California Prison Psychologist Blows Whistle on LGBTQ Harassment, Settles Lawsuit for Retaliation, by Dale Chappell
- Grandmother Arrested and Mocked by Federal Agents Awarded $55,000 Settlement, by Chad Marks
- LA County Jail Guards’ Conviction for Assaulting Visitor Upheld, by David Reutter
- Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process, by Mark Wilson
- Wisconsin Federal Court Denies New Trial, Grants Attorney Fees in Sexual Abuse Case
- $150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner, by Kevin Bliss
- Federal Court Certifies Class in Ohio County Jail Debit Card Case, by Chad Marks
- Seventh Circuit Vacates, Remands Punitive Damages Award Against Wexford, by Derek Gilna
- Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims, by Mark Wilson
- Alaska Disciplinary Order Vacated for Violating Wolff’s Statement of Reasons Requirement, by Mark Wilson
- No Summary Judgment for Jail’s Denial of Mental Health Treatment; $150,000 Settlement, by Mark Wilson
- Closed Since 2013, Tamms Prison Now “Rampant” with Mold, by Matthew Clarke
- Female Prisoner Wore Wire to Take Down Rikers Island Guards, Wins $425,000 Settlement, by Rick Anderson
- Counties Modify, Cancel Contracts for Privately Operated Immigration Detention Centers, by Matthew Clarke
- Two Transgender Prisoners Transferred to Women’s Prison, by Matthew Clarke
- Ohio Governor Commutes Death Sentences, Grants Reprieves for Another, by Edward Lyon
- HRDC Settles Lawsuit Against Mississippi Jail that Only Allowed Religious Reading Materials
- Report Released on Deaths in Utah Prisons and Jails, by Edward Lyon
- Indiana Prisoners Win Partial Summary Judgment in Jail Conditions Case, by Edward Lyon
- Free Phone Calls for Juvenile Offenders Jailed in Memphis, Tennessee, by Kevin W. Bliss
- Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner, by Derek Gilna
- Connecticut Prisoner Survives DOC’s Summary Judgment Motion in Mental Health Suit, by Edward Lyon
- Santa Clara County Settles Lawsuit, Makes Jails Handicapped Accessible, by Steve Horn
- Illinois DOC Permanently Enjoined From Neglecting Prisoners’ Mental Health, by Derek Gilna
- Idaho Supreme Court Vacates Conviction After D.A. Seizes Jailed Defendant’s Legal Notes, by Matthew Clarke
- JP Morgan Chase Bank Used Secretive Bonds to Finance Kansas Prison Construction, by Matthew Clarke
- Israeli Supreme Court Orders Increased Personal Space for Prisoners, by Monte McCoin
- Eighteen Years After its Passage, Prisons and Jails Continue to Violate RLUIPA, by Derek Gilna
- Alabama Prison Warden Lacks Authority to Make End-of-Life Decisions for Prisoners
- $100,000 Settlement for Preventable Suicide in Virginia Department of Corrections, by Kevin W. Bliss
- In Memoriam: Jane Kahn (1954-2018), by Paul Wright
- Report Shows 50 New York Prisoners Died from Inadequate Medical Care in Last Five Years, by Dale Chappell
- Washington County, School District Pay $265,000 for Holding Juveniles in Solitary, by Dale Chappell
- Fifth Circuit Holds Magistrate Judge Has No Authority to Deem Motion for Reconsideration Withdrawn, by Matthew Clarke
- County Detainees Protest Food Served at New Hampshire Jail, by Kevin W. Bliss
- Philadelphia Robbing the Poor Through Civil Forfeiture, by Edward Lyon
- Eighth Circuit Finds Verified Complaint Defeats Summary Judgment Motion in Failure-to-Protect Case, by Matthew Clarke
- New Sheriff Ends Juvenile Solitary Confinement at North Carolina Jail, by Kevin W. Bliss
- Missouri Prisoner Awarded $111,000 in Second-Hand Smoke Case, DOC Bans Smoking, by Derek Gilna
- Sixth Circuit Reverses Injunction Against Delousing and Group Strip Searches at Ohio Jail, by Derek Gilna
- Since 1996, U.S. Agriculture Department Gave Over $277 Million to Fund Local Jail Construction, by Brian Sonenstein
- Without Interpreters, California’s Deaf Prisoners are Getting Stuck Behind Bars, by Samantha Michaels
- U.S. Marshals Report: Ohio County Jail “One of the Worst in the Country”, by Matthew Clarke
- Texas Accounts for Over Ten Percent of Nation’s Jail Deaths, by Matthew Clarke
- From the Editor, by Paul Wright
- Seventh Circuit Reverses Dismissal of Juvenile Prisoners’ Civil Rights Case, by Derek Gilna
- The Kill Line, by Will Tucker
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Federal Withdrawal of Single-Drug Execution Protocol Follows Challenges in Indiana, Arizona, March 1, 2025. Death Penalty/Death Row, Lethal Injection Method of Execution.
- Tennessee Finalizes New One-Drug Execution Protocol, Feb. 15, 2025. Death Penalty/Death Row, Drugs - Determination of, Lethal Injection Method of Execution.
- Indiana Resumes Executions, Feb. 15, 2025. Death Penalty/Death Row, Lethal Injection Method of Execution.
- With Eleventh Circuit Okay, Alabama Executes Third Prisoner by Nitrogen Hypoxia, Jan. 15, 2025. Death Penalty/Death Row, Cruel and Unusual Punishment.
- Biden Commutes Sentences of Most Federal Prisoners on Death Row, Jan. 15, 2025. Alternative Sentencing, Death Penalty/Death Row, Resentencing.
- Alabama Shrouds Executioners in Secrecy, Dec. 15, 2024. Death Penalty/Death Row, Lethal Injection Method of Execution.
- San Quentin Brings in Hollywood, Moves Out California Death Row Prisoners, Dec. 15, 2024. Death Penalty/Death Row, Media.
- SCOTUS Stays Texas Execution With 20 Minutes to Spare, Nov. 15, 2024. DNA Testing/Samples, Death Penalty/Death Row, Stays, Lethal Injection Method of Execution.
- Missouri Prisoner Executed After Making—and Losing—New Plea Deal, Oct. 15, 2024. Death Penalty/Death Row, Plea Agreements/Guilty Pleas.
- Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal, Aug. 15, 2024. Disabled Prisoners, Death Penalty, Appeals/Appellate Jurisdiction.