Lawyer: Inmate Could Be First Executed on Tie Vote

By: The Associated Press
By: The Associated Press

A lawyer for a Mississippi death row inmate says his client could become the first person executed in
the United States based on a tie vote of judges, if the execution occurs Tuesday as scheduled.

Jan Michael Brawner is scheduled to die by injection Tuesday at 6 p.m. for the 2001 shooting deaths of his 3-year-old daughter, his ex-wife and her parents.

The Mississippi Supreme Court voted 4-4 last week to deny a rehearing in the case.

In court procedures, a tie vote usually means an earlier ruling stands.

Brawner's lawyer, David Calder, argued Monday in a court filing that the court action was a new decision, not the upholding of a lower court ruling.

Calder also says court precedent in Mississippi
dictates that tie votes favor inmates in death penalty cases.


Comments are posted from viewers like you and do not always reflect the views of this station.
powered by Disqus
WTOK-TV 815 23rd Ave Meridian, Ms. 39301 Phone: (601) 693-1441
Gray Television, Inc. - Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 158447715