Edwinloden v. State, 2002-DP-00282-SCT

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtMICHAEL K. RANDOLPH CHIEF JUSTICE
PartiesTHOMAS EDWINLODEN, JR. Appellant v. STATE OF MISSISSIPPI Appellee THOMAS EDWIN LODEN, JR. Appellant v. STATE OF MISSISSIPPI Appellee
Docket Number2002-DP-00282-SCT,2006-CA-00432-SCT
Decision Date17 November 2022

THOMAS EDWINLODEN, JR. Appellant
v.
STATE OF MISSISSIPPI Appellee

THOMAS EDWIN LODEN, JR. Appellant
v.
STATE OF MISSISSIPPI Appellee

Nos. 2002-DP-00282-SCT, 2006-CA-00432-SCT

Supreme Court of Mississippi

November 17, 2022


EN BANC ORDER

MICHAEL K. RANDOLPH CHIEF JUSTICE

This matter is before the Court, en banc, on the Motion to Set Execution Date filed by the State of Mississippi. At the direction of the Court, a Response was filed by Thomas Edwin Loden, Jr., and a Reply to Response was filed by the State. After due consideration, the Court finds that Loden has exhausted all state and federal remedies for purposes of setting an execution date under Mississippi Code Section 99-19-106. Accordingly, the Court finds that the State's Motion to Set Execution Date should be granted and a date should be set for execution of the death sentence imposed upon Loden.

IT IS, THEREFORE, ORDERED that the Motion to Set Execution Date filed by the State of Mississippi is hereby granted. The execution of the death sentence imposed upon Thomas Edwin Loden, Jr., shall take place in a manner provided by law on Wednesday,

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December 14, 2022, at 6:00 p.m. C.S.T., or as soon as possible thereafter within the next twenty-four (24) hours.

IT IS FURTHER ORDERED that this Order shall serve as the warrant of execution for Thomas Edwin Loden, Jr.

SO ORDERED.

FILED DEC 01 2022

RANDOLPH, C.J., COLEMAN, MAXWELL, BEAM, CHAMBERLIN, ISHEE, AND GRIFFIS, JJ.

TO DENY: KITCHENS AND KING, P.JJ.

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KING, PRESIDING JUSTICE, OBJECTING TO THE NOVEMBER 17, 2022 ORDER WITH SEPARATE WRITTEN STATEMENT:

¶1. Thomas Loden has challenged several aspects of the State's method of execution as violating multiple of his constitutional rights via a federal § 1983 case. This Court should not set Loden's execution date while his method-of-execution § 1983 case is pending in federal court. Consequently, I object to the order setting his execution date.

¶2. "When judgment of death becomes final and a writ of certiorari to the United States Supreme Court has been denied or the time for filing such petition has expired, the court shall set an execution date for a person sentenced to the death penalty." Miss. Code. Ann. § 99-19-106 (Rev. 2020). The execution may be stayed during "post-conviction proceeding[s]." Id. "Setting or resetting the date of execution shall be made on 'motion of the state that all state and federal remedies have been exhausted, or that the defendant has failed to file for further state or federal review within the time allowed by law." Id. The State claims that Loden's state and federal remedies have been exhausted, and that the § 1983

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claims are not such a "remedy" because it amounts to a civil method-of-execution challenge and does not...

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