South Carolina Supreme Court Halts Death Warrants Pending Execution Interval Resolution

South Carolina Supreme Court Stalls Death Warrants Pending Ruling on Execution Intervals

The South Carolina Supreme Court has issued a pause on all death warrants, after granting one for death row inmate Freddie Owens on August 23. This decision followed the court’s announcement that it would not issue any more execution notices until a petition, requesting that a minimum 13-week interval be set between executions, had been resolved.

Death Row Inmates File for Execution Interval

Owens is among the five inmates who petitioned the court on August 21, seeking a minimum gap of 13 weeks, or 91 days, between executions. The other petitioners include Marion Bowman Jr., Mikal Mahdi, Richard Moore, and Brad Sigmon, according to court records. Currently, South Carolina law does not specify an interval between executions. It merely stipulates that executions are to be held on the fourth Friday succeeding the issuance of an execution notice by the state Supreme Court clerk.

Concerns Behind the Proposition

The petitioners raised three core concerns in their motion. Firstly, they argue that holding executions in quick succession heightens the risk of severe error during executions, likely contributing to cruel or unusual punishment. They describe the state’s three death penalty options – the firing squad, electric chair, and single-dose pentobarbital lethal injection – as “antiquated” and “entirely novel”. They also state that if an execution method is botched, a tight execution schedule may subject an inmate to execution by a method they would not have chosen had they had adequate time to make an informed decision.

Secondly, the petitioners contend that conducting several executions within a brief timeframe will overburden prison staff, negatively impacting their physical and mental health.

Lastly, they argue that a hurried execution scheduling will lead to hasty litigation and adjudication of any critical concerns that may arise during the process leading up to an execution. They point out that death row inmates are often represented by the same attorneys, making it difficult to adequately represent each case in a short amount of time.

Response to the Petition

The state Supreme Court’s order to pause execution notices was signed by Chief Justice John Kittredge and Associate Justices John Cannon Few, George James Jr., and D. Garrison Hill, with Justice Letitia Verdin abstaining from participation. It remains unclear as to when the court will deliver a ruling on the matter.

The South Carolina Attorney General’s Office, representing the state in this case, declined to comment on the time interval request. Meanwhile, Owens is scheduled for execution on September 20. Notably, the last execution in South Carolina was conducted in May 2011.