Court drops stays for 2 Arkansas men set to die last spring

This combination of file photos provided by the Arkansas Department of Correction shows death-row inmates Bruce Earl Ward, left, and Don William Davis. Arkansas intended to kill Ward and Davis in a double-execution last April, but the men won stays after claiming independent psychiatrists should have reviewed their files and helped develop trial strategies. At the state Supreme Court on Thursday, lawyers for the state said the pair never met the threshold that would have required the assistance. (Arkansas Department of Correction via AP, File)
This combination of file photos provided by the Arkansas Department of Correction shows death-row inmates Bruce Earl Ward, left, and Don William Davis. Arkansas intended to kill Ward and Davis in a double-execution last April, but the men won stays after claiming independent psychiatrists should have reviewed their files and helped develop trial strategies. At the state Supreme Court on Thursday, lawyers for the state said the pair never met the threshold that would have required the assistance. (Arkansas Department of Correction via AP, File)

The Arkansas Supreme Court on Thursday lifted stays of execution on two condemned killers who had been scheduled to die almost a year ago — though one of the men still has court rulings preventing him from being put to death.

Even as the high court’s ruling came down, one of the three drugs used in Arkansas’ execution protocol was due to expire Thursday. No executions are currently scheduled.

In separate rulings, a majority of the justices ruled Bruce Earl Ward and Don Davis were not entitled to new sentencing hearings in which they could argue anew their mental competency.

The U.S. Supreme Court ruled last year that an Alabama death row inmate was entitled to a new hearing because he had not been given an independent mental health expert to testify at his original one. The Arkansas justices last April delayed both Davis and Ward’s executions to see how the U.S. high court ruled in that case.

But on Thursday, the justices said neither Ward nor Davis was subject to the same relief.

Speaking after oral arguments before the court in January, federal public defenders for the two inmates said an adverse decision by the court would be ripe for an appeal to the U.S. Supreme Court. In a text message Thursday, one of the attorneys suggested that was still the case.

”We usually pursue any available avenue for relief and I don’t see why that would change here,” said John C. Williams, who works at the federal defenders’ capital habeas unit in the U.S. District Courthouse in Little Rock.

During a news conference Thursday at the state Capitol, Attorney General Leslie Rutledge said she was reviewing the status of both men’s cases to determine if the state can begin the process of scheduling an execution.

Ward still has a separate case pending on whether Arkansas' prisons director is qualified to determine whether he is currently sane enough to be executed. Davis has no remaining stays barring his execution, but he does not currently have an execution day scheduled.

Arkansas had planned to eight prisoners over 11 days last spring but only executed four in eight days.

Read Friday's Arkansas Democrat-Gazette for full details.

The Associated Press contributed to this story.

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