Mississippi Today
Federal judge greenlights Mississippi execution
Federal judge greenlights Mississippi execution
The scheduled execution of death row inmate Thomas Edwin Loden Jr. will be allowed to proceed, a federal judge ruled Wednesday.
U.S. District Court Judge Henry Wingate denied a stay for Loden as part of a lawsuit challenging Missisisppi’s lethal injection protocol. Loden’s execution is set for Dec. 14 at the Mississippi State Penitentiary at Parchman.
“Loden contends that since he is a plaintiff in this underlying lawsuit challenging Mississippi’s lethal injection mode of execution, the same procedure Mississippi intends to use to put him to death, he should not be executed before a decision on the constitutionality is rendered,” Wingate wrote.
“Loden, however, cannot convincingly argue that his involvement in this 1983 lawsuit has somehow expanded his rights and provided him a shield against execution,” he wrote, adding that granting a stay would likely delay Loden’s execution for years.
Wingate ruled in a civil lawsuit brought by death row inmates Richard Jordan and Ricky Chase against Mississippi Department of Corrections officials that Loden and others have joined.
In his order, Wingate scheduled a hearing for Jan. 19, 2023, about whether to issue an indefinite stay of execution for the plaintiffs and other intervenors in the case.
Stacy Ferraro, one of Loden’s attorneys, argued against the state’s October request to set Loden’s execution by citing the pending lawsuit and saying Loden had not yet exhausted his appeals, according to court documents.
Loden, 58, has been a death row inmate for over 20 years. In 2000, the military recruiter kidnapped, raped and killed 16-year-old Leesa Marie Gray in Dorsey in Itawamba County.
The lawsuit before Wingate argues that the state’s three-drug cocktail for lethal injection is cruel and unusual punishment because the compounded or mixed drugs the state uses could be “counterfeit, expired, contaminated and/or sub-potent” and result in people being conscious during the execution, according to court documents.
Jim Craig of the MacArthur Center for Justice, who represents the plaintiffs Jordan and Chase, filed a temporary restraining order in October asking Wingate to withdraw the motion to set an execution date for Loden and not to execute him until the lawsuit is resolved.
The Attorney General’s Office has argued that a case challenging the execution process doesn’t prevent Loden’s execution from proceeding because it is not challenging his death sentence, just the method of execution, according to court documents.
In 2015, Wingate issued a preliminary injunction blocking the state from executing anyone using the three-drug combination, saying in a written order that the inmates were likely to successfully argue that “Mississippi’s failure to use a drug which qualifies as an ‘ultra short-acting barbiturate or other similar drug’ as required” by state law violates both that law and the U.S. Constitution’s due process guarantees. But the 5th U.S. Circuit Court of Appeals overruled that decision less than a year later.
The court wrote that the federal court can’t force state officials to follow state law, and the plaintiffs weren’t able to show their due process rights were violated. This sent the case back to the district court.
The Mississippi Department of Corrections plans to put Loden to death by lethal injection.
Under a law that went into effect in July, prison officials can choose from four execution methods: lethal injection, electrocution, lethal gas and firing squad. Before Wingate’s ruling, department spokesman Leo Honeycutt confirmed lethal injection was the method Corrections Commissioner Burl Cain and two deputy commissioners selected.
In his order, Wingate mentioned the state could select another execution method, but that would “surely be attacked in a new lawsuit.”
That law updated a 2017 version that said if lethal injection was not possible due to a legal challenge or unavailability of drugs, an incarcerated person could be put to death by gas chamber. If that option wasn’t available, electrocution was the next available method followed by firing squad.
Lethal injection remains the state’s preferred form of execution, according to the legislation.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court
The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.
Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.
Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.
The PAC should receive an award or at least be considered for an honor for best fiction writing.
At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.
It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.
Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.
As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.
And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.
A look at the history of the members of the Supreme Court might be helpful.
Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.
Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.
Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.
But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.
Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.
The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.
It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.
Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.
But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1968
Nov. 24, 1968
Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.”
The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure.
Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service.
From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1867
Nov. 23, 1867
The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights.
The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders.
The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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