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.

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