Thursday, May 27, 2004

More on Walton and Nelson v. Campbell

In the latest Walton v. Johnson, Judge Wilson of the W.D. Va. indicates that the U.S. Supreme Court's opinion in Nelson v. Campbell does not change his ruling with respect to Percy Walton.

In fact, I would think that Nelson reinforces the denial of relief at this time, the Nelson case would seem to give Walton an additional means under section 1983 of challenging the method of his execution, once the stay is lifted once again.

As I am largely ignorant of habeas corpus law, I read Nelson and thought well of course you can litigate the method of your execution as a separate case from litigating whether you should be executed at all.

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