Federal appeals court stays execution of prisoner denied imam in execution chamber News
Free-Photos / Pixabay
Federal appeals court stays execution of prisoner denied imam in execution chamber

The US Court of Appeals for the Eleventh Circuit stayed the execution Wednesday of Domineque Hakim Marcelle Ray, an Alabama death row inmate who was denied the presence of his imam in the execution chamber.

Ray was convicted of the 1995 rape, robbery and murder of a 15-year-old and sentenced to death. He was informed on January 23, just two weeks before his execution, that under Alabama policy Chaplain Chris Summers would be present in the execution chamber and available to pray with Ray as his execution took place. His imam would be allowed to pray with him in the days leading up to his death and even on the day of execution but would be allowed only in an observation area not the execution chamber itself. Ray, a devout Muslim since 2006, requested that the chaplain be excluded from the room and his imam be present instead. This request was denied by the warden.

Ray brought a series of claims alleging that his religious freedoms were being infringed by Holman Correctional Facility and the Alabama Department of Corrections. Ray claimed that the exclusion of his imam violated his rights under the Religious Land Use and Institutionalized Persons Act. Ray further argued that requiring a christian chaplain to be in the chamber violated this same statute as both of these created a substantial burden on his free exercise of religion. Ray then argued that this practice also violated the Establishment Clause of the First Amendment, which prevents granting establishment or preference to one religion over another. Ray petitioned the district court for a motion to stay his execution until these claims could be reviewed.

The district court rejected Ray’s claims finding that he was guilty of an “inexcusable delay” in not challenging these claims until now which created a heavy presumption against granting a stay. The Eleventh Circuit reversed, finding that there was a significant likelihood Ray would succeed on his Establishment Clause claim, and granted an immediate stay directing the clerk to expedite his appeal so the merits of the case could be reviewed.

THIS DAY @ LAW

US spy Nathan Hale executed in New York

US spy Nathan Hale was executed on September 22, 1776 after he was captured by British forces during the American Revolutionary War. Hale went to British-occupied New York City to gather intelligence on military operations. He was captured and executed within a month, purportedly declaring "I only regret that I have but one life to lose for my country" before his death at the age of 21. Learn more from the American Battlefield Trust.

Eight executed for witchcraft in Salem

On September 22, 1692, two men and six women were executed for witchcraft in Salem, Massachusetts. Read more about the Salem witchcraft trials in JURIST's Famous Trials series.

Queen Victoria becomes the longest-reigning monarch in UK history

On September 22, 1896, Queen Victoria became the longest-reigning monarch in English history. One of the country's most successful rulers, Victoria oversaw the expansion of the British Empire to its greatest height of power during her reign of 63 years and 7 months. Read Victoria's speeches to the British Parliament from Archive.org.