472 S.W.3d 135 (Ark. 2015), CV-15-829, Kelley v. Griffen

• Citation: 472 S.W.3d 135, 2015 Ark. 375
• Opinion Judge: PER CURIAM
• Party Name: WENDY KELLEY, IN HER OFFICIAL CAPACITY AS DIRECTOR OF THE ARKANSAS DEPARTMENT OF CORRECTION, AND THE ARKANSAS DEPARTMENT OF CORRECTION, PETITIONERS v. THE HONORABLE WENDELL GRIFFEN, STACEY JOHNSON, JASON MCGEHEE, BRUCE WARD, TERRICK NOONER, JACK JONES, MARCEL WILLIAMS, KENNETH WILLIAMS, DON DAVIS, AND LEDELL LEE, RESPONDENTS
• Attorney: Leslie Rutledge, Att'y Gen., David A. Curran, Deputy Att'y Gen., by: Jennifer L. Merritt, Ass't Att'y Gen., for petitioners. Jeff Rosenzweig; Josh Lee; and Deborah R. Sallings, for respondents.
• Judge Panel: BRILL, C.J., and DANIELSON, J., would deny petition for writ of certiorari without prejudice. WOOD, J., would grant petition for writ of certiorari and deny request for stay of executions. Brill, C.J., and Danielson, J. Wood, J.,
• Case Date: October 20, 2015
• Court: Arkansas Supreme Court

Page 135

472 S.W.3d 135 (Ark. 2015)

2015 Ark. 375

WENDY KELLEY, IN HER OFFICIAL CAPACITY AS DIRECTOR OF THE ARKANSAS DEPARTMENT OF CORRECTION, AND THE ARKANSAS DEPARTMENT OF CORRECTION, PETITIONERS

v.

THE HONORABLE WENDELL GRIFFEN, STACEY JOHNSON, JASON MCGEHEE, BRUCE WARD, TERRICK NOONER, JACK JONES, MARCEL WILLIAMS, KENNETH WILLIAMS, DON DAVIS, AND LEDELL LEE, RESPONDENTS

No. CV-15-829

Supreme Court of Arkansas

October 20, 2015

Leslie Rutledge, Att'y Gen., David A. Curran, Deputy Att'y Gen., by: Jennifer L. Merritt, Ass't Att'y Gen., for petitioners.

Jeff Rosenzweig; Josh Lee; and Deborah R. Sallings, for respondents.

BRILL, C.J., and DANIELSON, J., would deny petition for writ of certiorari without prejudice. WOOD, J., would grant petition for writ of certiorari and deny request for stay of executions.

OPINION

Page 136

PER CURIAM

Wendy Kelley, in her official capacity as Director of the Arkansas Department of Correction, and the Arkansas Department of Correction have petitioned this court for a writ of certiorari lifting a stay of executions granted by the Pulaski County Circuit Court or, alternatively, a writ of mandamus ordering the circuit court to expedite a scheduled hearing on a preliminary injunction requested by respondent-prisoners. The prisoners have responded and, in addition, have made a conditional request for a stay of executions from this court. Because the circuit court acted in excess of its jurisdiction in staying the executions, we grant the petition for writ of certiorari, issue the writ, and lift the stay of the executions entered by the circuit court. Further, we grant the prisoners' request and issue a stay of the executions pending the resolution of the litigation currently pending in the Pulaski County Circuit Court.

In April 2015, Stacey Johnson, Jason McGehee, Bruce Ward, Terrick Nooner, Jack Jones, Marcel Williams, Kenneth Williams, Don Davis, and Ledell Lee filed an action challenging the constitutionality of Act 1096 of 2015, which set out the mandated state method of executing condemned prisoners. Eight of the prisoners subsequently had their dates of execution set, with the first executions scheduled for October 21, 2015. On September 30, 2015, the prisoners filed an emergency motion for summary judgment on various of their claims or, alternatively, for preliminary injunction pursuant to Arkansas Rule of Civil Procedure 65. On October 9, 2015, the circuit court issued a temporary restraining order expressly staying the executions pending a preliminary injunction hearing. On October 12, 2015, the circuit court issued a scheduling order setting the preliminary injunction hearing for March 1 and 2, 2016. Petitioners filed a motion to dissolve the temporary restraining order and to set an expedited hearing on the motion for preliminary injunction. The circuit court denied that motion on October 13, 2015, and ordered the...