The letter from the Clerk of the Court returning the stay motion is available via Google Docs.
Warren Hill's attorney Brian Kammer issued the following statement, "Re: Eleventh Circuit Denial of Stay of Execution." Here's the complete text:
“We are disappointed that the Eleventh Circuit has refused to stay the execution of Warren Hill, a man with mental retardation. Now, the U.S. Supreme Court is the only court which can grant an urgently needed stay to prevent an unconstitutional execution.
“A stay will allow the U.S. Supreme Court to consider the crucial new evidence in Mr. Hill’s Petition for Writ of Habeas Corpus, which establishes beyond a reasonable doubt that he is ineligible for capital punishment because of his mental retardation.
“Every doctor who has examined Mr. Hill confirms the diagnosis of mental retardation. If our constitution, the Eighth Amendment, and the U.S. Supreme Court’s ruling in Atkins v. Virginia are the law of our land, then Mr. Hill’s execution must be stopped, until the Court is able to consider all of the information, which clearly establishes his mental retardation.”
"’Mentally retarded’ killer Warren Hill denied stay, appeals to the Supreme Court," is by Chelsea Cariker-Prince in the Atlanta Journal-Constitution.
A federal appeals court has denied condemned killer Warren Lee Hill one of his last legal recourses to avoid execution.
The 11th U.S. Court of Appeals in Atlanta declined Tuesday to review a motion to delay Hill’s execution until the U.S. Supreme Court can consider the merits of new evidence his lawyers claim show Hill is mentally retarded and ineligible for the death penalty. Hill is slated to be executed Monday.
Hill’s lawyers have appealed to the U.S. Supreme Court to grant the stay until the Court can decide whether to take on the case, currently scheduled for consideration Sept. 30.
If the Supreme Court decides to grant the stay, it can either decide to consider it in September or transfer it to a federal district court in Georgia. Or, the Court can deny the stay and the petition for appeal, and Hill will be executed on Monday.
“I think we have a very meritorius claim,” said Hill’s laywer, Brian Kammer. “It is a very unusual set of circumnstances and I think it warrants the Supreme Court’s intervention.”
"GA death row inmate asks SCOTUS to delay execution," is the AP filing, via WLTZ-TV.
Lawyers for a Georgia death row inmate have asked the U.S. Supreme Court to delay their client's execution until the court has a chance to consider new evidence they've filed.
Warren Lee Hill's lawyers filed the request Tuesday. They asked the high court in May to review new evidence in the case, and the court is currently scheduled to consider whether to take up his case on Sept. 30.
The state last week scheduled Hill's execution for Monday.
Earlier coverage of Warren Hill's case begins at the link.Mental retardation is now generally referred to as a developmental or intellectual disability. Because it has a specific meaning with respect to capital cases, I continue to use the older term on the website.