Fallin ordered the stay for convicted murderer Clayton Lockett a
day after the state Supreme Court issued its own emergency stay for
Lockett and a second inmate, Charles Warner, amid legal wrangling
over drugs used in lethal injections.
The stay issued by Fallin moves back Lockett's execution to April
29, the same day Warner is scheduled to be executed.
"While I have great respect for the honorable men and women of the
Supreme Court, this attempted stay of execution is outside the
constitutional authority of that body," Fallin, a Republican, said
in a statement.
Lockett was sentenced to death for the 1999 murder of 19-year-old
Stephanie Nieman. Warner was convicted of the 1997 rape and murder
of 11-month-old Adriana Waller.
The Supreme Court issued the emergency stay on Monday while it
decides an appeal by both men's attorneys over the state's secrecy
regarding where drugs used for lethal injections were manufactured.
The attorneys argue that the state had failed to divulge where the
drugs came from despite a district court ruling that it should
provide that information.
The Supreme Court's action has raised questions from Oklahoma's
judicial and government offices about who has the last word over a
stay of execution.
Lockett and Warner were scheduled for execution in March, but filed
appeals based on Oklahoma's secrecy about the drugs it uses for
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Lockett's execution had been rescheduled for Tuesday and Warner's
execution was set for April 29 after Oklahoma District Court Judge
Patricia Parrish ruled in March that the state's secrecy was
Last week, the state's Supreme Court had deferred a decision on any
further stay order to the Oklahoma Court of Criminal Appeals, which
typically handles death penalty cases, giving the appeals court the
option to reschedule the executions until the legal issues were
But after the appeals court denied the stay, the Supreme Court
issued its own emergency stay of execution on Monday.
On Tuesday, the Supreme Court denied a request by Republican
Attorney General Scott Pruitt for a rehearing of the decision.
(Reporting by Ian Simpson; editing by Simon Cameron-Moore)
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