Lee v. Kelley, No. 17-1840 (8th Cir. 2017)
Annotate this CaseTwo appeals were filed before this court five hours before Ledell Lee's scheduled execution. Lee challenged the district court's alleged denial of his motion requesting funds under 18 U.S.C. 3599(f) for "ancillary services to assist in the preparation of clemency and potential additional litigation." The court denied Lee's motion for stay of execution, concluding that Lee has failed to make a showing that there is a significant possibility that he will succeed on the merits of a claim that would deprive Arkansas of the authority to execute him. The court explained that, even if he succeeded on his section 3599(f) claim, Arkansas would still have the authority to execute him.
Court Description: Per Curiam - Before Benton, Shepherd, and Kelly, Circuit Judges] Death Penalty - Habeas Petition. District court's denial of motion to requesting funds under 18 U.S.C. sec. 3599(f) to assist in the preparation of clemency and potential additional litigation and denial of stay of execution are affirmed. Petitioner did not show a significant possibility of success on the merits. Judge Kelly concurs. [ April 19, 2017
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