Sixth Circuit Grants a Stay of Execution for Hartman

A panel of the Sixth Circuit today granted a stay of execution for Brett Hartman to permit them time to review his motion to file a successive habeas petition. Hartman was scheduled for execution on April 7, 2009. He alleged that previously undiscoverable evidence showed that a fellow inmate who testified that Hartman had admitted to the crime had perjured himself. Especially compelling for the panel was Hartman's claim that he should have access to crime scene evidence for DNA testing. The panel reasoned that the imminent decision of SCOTUS in District Attorney's Office for the Third Judicial District v. Osborne could create a new constitutional right entitling Hartman to access to the evidence. The court granted Hartman's stay, and will rule on his motion to file a second petition following the Osborne decision.