Oregon Supreme Court - June 20, 2013

by: Sonja Good Stefani and Abassos • June 24, 2013 • no comments

Stay of Execution Granted In Spite Of Defendant’s Wishes

An act of clemency does not need to be accepted by the recipient to be effective. (Article V, Section 14 of the Oregon Constitution). Such reprieve does not have to contain a stated end date beyond the uncertain end date of the Governors’ term of office, nor need it be granted for a particular purpose; it is enough that the Governor has the constitutional authority to grant such a stay. It also does not constitute cruel and unusual punishment under the Eighth Amendment to stay an execution despite the toll that awaiting an execution undeniably takes on the inmate. Here, Governor Kitzhaber’s stay of Gary Haugen’s execution is constitutionally valid despite Haugen’s desire to be executed. Haugen v. Kitzhaber, 353 Or ___ (June 20, 2013).