Wellons v. Ga. Dep't of Corrections: In First of Two Published Opinions, Panel Denies Motion to Stay June 17, 2014 Execution Due to Irregularities in Clemency Proceeding

Wellons v. Ga. Dep’t of Corrections, No. 14-12681-P, from NDGa

 

Per curiam order joined by Circuit Judge Tjoflat, Circuit Judge Marcus, and Circuit Judge Wilson.

Summary: This is one of two published opinions concerning Mr. Wellons issued on June 17, 2014.  In this two-page opinion, the panel addressed his appeal from the district court’s order denying his motion to stay his pending execution (set for June 17, 2014). Specifically, he alleged that, as a result of the defendant’s actions, at least one corrections officer who was previously willing to provide a statement in support his clemency now refused to do so for fear of losing his job.

The panel noted that the Supreme Court has recognized a “very limited due process interest in clemency proceedings” but that the petitioner failed to show a substantial likelihood of success on his claim that he enjoys a due process or other constitutional right with respect to his petition for clemency.

 

Note: The Eighth Circuit recently addressed this issue en banc on the same day.  The opinion is here (although strangely not available on the Eighth Circuit's official site).  The opinion in that case was 7-4.