The Court issued certiorari today on a lethal injection related case. At least one blogger / CrimProf openly questioned whether a national moratorium now existed. Don't believe the hype, a national moratorium does not exist and the issue on which the Court granted cert, as noted previously, is quite narrow. As presaged over at the NCADP's blog Abolish the Death Penalty, Texas tonight executed Marrion Dudley thereby definitively debunking the claim of a moratorium. As David Elliot noted at Abolish
We expect a few executions to be halted but most will not be. We think it depends upon where a person is filing their appeal (i.e., which circuit court) and how far along their appeals are. It's all rather...arbitrary and capricious.Dudley's execution, however, might not be the best test of whether the Court might block other executions. According to a quick check of the docket sheets in the federal courts in Texas counsel in Marion Dudley's case apparently never raised the issue of lethal injection to the federal courts or the US Supreme Court.