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Federal appeals court won't stop Arthur execution


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Sep 30, 2011
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A day before his scheduled execution, a federal appeals court Wednesday evening denied Thomas Arthur a stay of execution.

In a 2 to 1 decision, the U.S. 11th Circuit Court of Appeals ruled that Arthur, sentenced to death for the 1982 murder of Troy Wicker, had failed to show an alternative method of execution or that a consciousness test as applied by the state violated his Eighth Amendment rights against cruel and unusual punishment.

The majority also rejected a health claim filed by Arthur, as well as an argument from the inmate that he should be allowed to propose a firing squad as an alternative method of execution.

....Alabama now stands alone as the last state in the country that allows for judicial override.

In September, the Supreme Court of Alabama upheld the state’s sentencing scheme on appeal after a Jefferson County Circuit declared it unconstitutional.

It won't until executions are considered cruel and unusual punishment.

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