Major updates in the Ruben Gutierrez death penalty case (5th Circuit rules against him, Supreme Court, at least temporarily, saves him)

Link is to my previous thread, but much has happened since then.

Following my original post, the Fifth Circuit dissolved the District Court’s stay and the execution was back on.

Then THIS happened:

(ORDER LIST: 590 U.S.)

TUESDAY, JUNE 16, 2020




The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution.

This order came down literally one hour before Gutierrez’s execution was scheduled. I believe he was actually being strapped onto the gurney.

Given the instructions given to the District Court, I think the Supreme Court will take this case and issue a judgement requiring all States to permit a death row inmate the spiritual advisor of his choice to be present in the execution chamber.

I do believe Gutierrez will eventually be executed, just with the presence of a spiritual advisor in the death chamber.

Good. Make him sweat, time, after time, after time…then execute him for stabbing an 85 year old woman.

The thing is, now that the execution will be delayed for at least 6 months, the habeas court now has plenty of time to consider the defendant’s DNA claim. That could potentially relieve him of the death penalty altogether. By granting this stay, the Supreme Court has opened the door for full consideration of all the defendant’s habeas claims.

The last thing I want, is for an innocent man to be executed. If there’s DNA evidence that will prove he’s innocent, I want him freed. He knows the truth…and if he’s a POS murderer…he’ll be sweating the entire time before he’s executed.

So we agree that his execution should be delayed until the DNA evidence can be reviewed? There should be no rush to execution?

Absolutely. What I’d have to ask is what’s taken so long for this to come up? That said, striving for a perfect legal system is a place where all of us should find common ground.

I could not agree more. However the death penalty is something we need to abandon. I suspect we will disagree on that but thats okay.

First…I’m glad we’re on the same ground. I totally disagree though that the death penalty should be abolished. It’s something that shouldn’t be to hard for people to see so that it truly becomes a deterrent. I also do not want to cut any more checks than this last one which will then cut expenses. :sunglasses:

When you take someone’s life and it isn’t self defense, some rare circumstance or in times of war, you gave up your own.

Yup - I look at the other side and say “Yep, totally get it.” There’s no intellectual or moral superiority to either side.

The moral responsibility is to think deeply on the matter.

I get what you are saying but for me my position has moved over the years until now I see it nothing more as state sponsored revenge.

I dont agree it a deterrent so my friendly neighborhood smynaman we will just agree to disagree on this one.