Burris v. State

Indiana Supreme Court

Burris v. State

684 N.E.2d 193, 1997 Ind. LEXIS 121, 1997 WL 528359

CourtIndiana Supreme Court

DecidedAugust 26, 1997

DocketNo. 49S00-9509-SD-1112

StatusPublished

This text of 684 N.E.2d 193 (Burris v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burris v. State, 684 N.E.2d 193, 1997 Ind. LEXIS 121, 1997 WL 528359 (Ind. 1997).

Pincite

Opinion

ORDER SETTING EXECUTION DATE

On November 28, 1995, the execution of Gary Burris was stayed, by the Seventh Circuit Court of Appeals acting en banc a few hours before it was to have taken place. Thereafter, that court directed a second federal habeas proceeding in the U.S. District Court. The District Court rejected Burris’s claims and denied the second petition for writ of habeas corpus. The Seventh Circuit Court of Appeals affirmed.

This Court has had pending.before it since June the “State’s Motion to Set Execution Date” and also the “Petitioner’s Objections to State’s Motion to Set Execution Date” filed by counsel on behalf of Burris. We have waited to address these pleadings until the Seventh Circuit ruled on Burris’s requests for rehearing and for rehearing en banc. On August 13, 1997, the Seventh Circuit denied the rehearing petition and rejected the suggestion for rehearing en bane. No stay of execution is in effect in either the state or federal judicial systems.

Being duly advised, the Court grants the State’s motion. Pursuant to Indiana Criminal Rule 24 and Indiana Code § 35-50-2-9(h), the Court now orders that the date of execution of Gary Burris is set for November 20, 1997, before the hour of sunrise. The Superintendent/Warden of the Indiana State Prison is directed to carry out the execution in accordance with Indiana law. This order shall constitute the warrant for execution described in Indiana Code §§ 35-38-6-2 & 3.

All Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER SETTING EXECUTION DATE

On November 28, 1995, the execution of Gary Burris was stayed, by the Seventh Circuit Court of Appeals acting en banc a few hours before it was to have taken place. Thereafter, that court directed a second federal habeas proceeding in the U.S. District Court. The District Court rejected Burris’s claims and denied the second petition for writ of habeas corpus. The Seventh Circuit Court of Appeals affirmed.

This Court has had pending.before it since June the “State’s Motion to Set Execution Date” and also the “Petitioner’s Objections to State’s Motion to Set Execution Date” filed by counsel on behalf of Burris. We have waited to address these pleadings until the Seventh Circuit ruled on Burris’s requests for rehearing and for rehearing en banc. On August 13, 1997, the Seventh Circuit denied the rehearing petition and rejected the suggestion for rehearing en bane. No stay of execution is in effect in either the state or federal judicial systems.

Being duly advised, the Court grants the State’s motion. Pursuant to Indiana Criminal Rule 24 and Indiana Code § 35-50-2-9(h), the Court now orders that the date of execution of Gary Burris is set for November 20, 1997, before the hour of sunrise. The Superintendent/Warden of the Indiana State Prison is directed to carry out the execution in accordance with Indiana law. This order shall constitute the warrant for execution described in Indiana Code §§ 35-38-6-2 & 3.

All Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

684 N.E.2d 193, 1997 Ind. LEXIS 121, 1997 WL 528359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burris-v-state-ind-1997.

Opinion

Related

Cite This Page — Counsel Stack