Oken v. State

851 A.2d 538, 381 Md. 580, 2004 Md. LEXIS 304

• Court: Court of Appeals of Maryland
• Decided: June 9, 2004
• Docket: 143, Sept. Term, 2003. Misc. No. 31, Sept. Term, 2003
• Status: Published

Opinions

ORDER

PER CURIAM.

The Court has considered the Motion for Stay of Warrant of Execution and Supporting Exhibits of petitioner, Steven Howard Oken, petitioner’s appeal from the May 24, 2004 Order of the Circuit Court for Baltimore City in Civil Action No. 24-C-004242 granting respondent’s motion to transfer action, and petitioner’s appeal from the June 2, 2004 Order of the Circuit Court for Baltimore County in Case No. 03-C-04-5732 denying petitioner’s Motion for Preliminary Injunction and Motion for Stay of Further Proceedings, and granting respondent’s Motion for Summary Judgment, and has heard oral argument thereon.

Having concluded that the Circuit Court for Baltimore City did not abuse its discretion in transferring Civil Action No. 24-C-004242 to Baltimore County, that the method of execution intended to be implemented by the Division of Correction does not violate the provisions of Maryland Code (1999, 2003 Cum.Supp.) § 3-905 of the Correctional Services Article or constitute a cruel or unusual punishment as argued by petitioner, and that there is no merit in those appeals, it is this 9th day of June, 2004,

ORDERED, by the Court of Appeals of Maryland, that the judgments of the Circuit Court for Baltimore City and the Circuit Court for Baltimore County be, and they are hereby, AFFIRMED; and it is further

ORDERED that the motion for stay filed in this Court is DENIED.

BELL, C.J., Dissents.