Sixth Circuit Denies Stay, COA to Steve Henley

The Sixth Circuit issued two unpublished orders yesterday denying petitioner Steve Henley a COA on his Rule 60 motion (09-5085) and a stay of execution based on a lethal injection challenge (09-5084). In Henley v. Bell, Henley argued that a COA is unnecessary to appeal the denial of a Rule 60 motion. The court disagreed, holding that pursuant to United States v. Hardin, 481 F.3d 924 (6th Cir. 2007), a COA is required to appeal the denial of a Rule 60 motion in a habeas proceeding, and that Henley did not meet the standard for a COA. In Henley v. Little, the petitioner asked for a stay of execution pending the Circuit's disposition of Harbison v. Little (No. 07-6225, argued January 20, 2009), a Section 1983 challenge to Tennessee's LI protocol. The court declined the stay, holding that by any calculations Henley had missed the statute of limitations deadline by a significant amount. Henley was executed early this morning in Tennessee. Click here for the press report.