Justices Refuse to Allow Execution of Killer

JULY 6, 2006 - Posted at 7:19 a.m. CDT

LITTLE ROCK, AR - Arkansas death row inmate Don Davis has lived to see another sunrise, thanks to the U.S. Supreme Court.  Yesterday, the high court refused to intervene to lift a stay of execution.  If the stay had been lifted, that would have allowed the state to put Davis to death last night.

A death warrant signed by Governor Huckabee expired at midnight, so another execution date won't be set until after further hearings on Davis's case.  The 43-year-old Davis was given the death penalty for the 1990 execution-style slaying of Jane Daniels of Rogers.

Corrections Department spokeswoman Dina Tyler said the prison was prepared for an execution, but that Davis had not been moved from his death row cell, nor had they given him a last meal.

The Eighth U.S. Circuit Court of Appeals at St. Louis has set a deadline tomorrow for attorneys to submit filings on the case.  Davis has joined another inmate's suit arguing that the state's method of execution, lethal injection, subjects him to the possibility of cruel and unusual punishment should something go wrong.

(Copyright 2006 by The Associated Press.  All Rights Reserved.)