Might 11, 2022, 1:08 AM UTC / Supply: Related Press
PHOENIX — A federal choose on Tuesday rejected a request to postpone the deliberate execution of an Arizona prisoner in what could be the state’s first use of the dying penalty in almost eight years.
The choose’s determination retains on monitor plans to execute 66-year-old Clarence Dixon on Wednesday morning on the state jail in Florence for his homicide conviction within the 1978 killing of 21-year-old Arizona State College scholar Deana Bowdoin.
Dixon appealed the choose’s ruling on the ninth Circuit Court docket of Appeals, the place three judges heard arguments on Tuesday afternoon however didn’t say after they deliberate to challenge their determination.
Dixon’s remaining authorized efforts heart on his declare that he’s mentally unfit to be executed and that his psychological issues forestall him from rationally understanding why the state desires to finish his life.
The Arizona Supreme Court docket on Monday declined to evaluate a state choose’s determination that rejected Dixon’s arguments, main his attorneys to introduce comparable claims in federal court docket.
In rejecting Dixon’s arguments, U.S. District Choose Diane Humetewa concluded the state choose had utilized the right authorized requirements in assessing Dixon’s psychological health.
Though Dixon has been recognized with schizophrenia, Humetewa wrote that the state choose had moderately decided that Dixon didn’t lack a rational understanding of the explanations for placing him to dying.
Dixon’s attorneys have mentioned their consumer erroneously believes he will likely be executed as a result of police at Northern Arizona College wrongfully arrested him in a earlier case — a 1985 assault on a 21-year-old scholar. His attorneys concede he was in reality lawfully arrested then by Flagstaff police.
Dixon was sentenced to life sentences in that case for sexual assault and different convictions. DNA samples taken whereas he was in jail later linked him to Bowdoin’s killing, which at that time had been unsolved.
Prosecutors mentioned there was nothing about Dixon’s beliefs that forestall him from understanding the explanation for the execution and pointed to court docket filings that Dixon himself made over time.
In asking the federal appeals court docket for a keep of execution, Dixon’s attorneys argued the state court docket choose who thought-about their consumer’s psychological health ignored proof exhibiting that Dixon experiences delusions from his schizophrenia, stopping him from understanding why he’s being executed.
Prosecutors argued Dixon’s declare lacked benefit. “The state court docket determination was cheap primarily based on the information earlier than it,” Jeffrey Sparks, a prime legal professional for the Arizona Lawyer Normal’s Workplace, instructed the appeals court docket.
Protection attorneys have mentioned Dixon has been recognized with paranoid schizophrenia on a number of events, has repeatedly skilled hallucinations over the previous 30 years and was discovered “not responsible by cause of madness” in a 1977 assault case through which the decision was delivered by then-Maricopa County Superior Court docket Choose Sandra Day O’Connor, almost 4 years earlier than her appointment to the U.S. Supreme Court docket. Bowdoin was killed two days after the decision, in keeping with court docket information.
Authorities have mentioned Bowdoin, who was discovered lifeless in her house, had been raped, stabbed and strangled. Dixon had been charged with raping Bowdoin, however the cost was later dropped on statute-of-limitation grounds. He was convicted, although, in her dying.
Dixon, who’s blind and in declining well being, is about to be the primary particular person put to dying in Arizona in almost eight years, primarily due to issues with the state’s most up-to-date execution almost eight years in the past.
The state needed to give Joseph Wooden 15 doses of a two-drug mixture over two hours earlier than he died in July 2014 in an execution that his attorneys mentioned was botched. The state now’s utilizing only one drug.
So, this put up “Arizona to execute first inmate in almost 8 years after choose rejects arguments” finish. Thanks and finest regard !