Today's Salem Statesman Journal reports, "Oregon Supreme Court to hear Haugen case appeal." It's by Peter Wong.
The Oregon Supreme Court has agreed to hear Gov. John Kitzhaber’s appeal of Gary Haugen’s refusal to accept a reprieve of a death sentence.
Oral arguments are scheduled at 10:30 a.m. March 14 at the University of Oregon law school. The court normally hears arguments annually at each of the state’s three law schools.
The justices will hear arguments on a single point: Whether someone such as Haugen must accept a reprieve offered by the governor under the Oregon Constitution for it to be effective.
Kitzhaber issued the reprieve on Nov. 22, 2011, two weeks before Haugen was scheduled to be executed at the Oregon State Penitentiary. Haugen had waived further legal appeals, and has said he wants to die.
Haugen sued Kitzhaber, arguing that he had a right to refuse a reprieve, unlike a pardon or commutation. A judge agreed with him Aug. 3, and set the execution back on track.
However, a second date for an execution cannot proceed in Marion County Circuit Court until the current civil lawsuit is concluded. The Supreme Court hearing will bypass the Court of Appeals.
"Oregon Supreme Court agrees to hear appeal in Haugen execution case," by Helen Jung in the Oregonian.
The state's highest court has agreed to hear Gov. John Kitzhaber's appeal of a decision that ruled his reprieve last November of death-row inmate Gary Haugen's execution was invalid.
Kitzhaber's attorney had sought review by the Oregon Supreme Court because of the nature of the case, which focuses on the scope of the governor's authority. Typically, the Oregon Court of Appeals would be the first venue, but appellate judges, as well as Haugen's attorney, endorsed the request for the Supreme Court to take the case.
KATU-TV posts the AP filing, "Haugen death penalty fight heads to Oregon Supreme Court."
Gary Haugen says he wants to die and has stopped appealing his aggravated murder conviction.
Gov. John Kitzhaber has vowed there will be no executions while he is governor. He issued the reprieve in November of last year.
A Marion County Circuit Court judge ruled in August that Haugen has the right to refuse the reprieve. The governor's appeal went straight to the state supreme court.
Earlier coverage of the Oregon case begins at the link.
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