Schad v. Brewer, No. 13-16978 (9th Cir. 2013)
Annotate this CaseSchad is scheduled to be executed in Arizona on October 9, 2013, in Arizona for a 1978 murder. The Ninth Circuit previously affirmed the district court’s denial of habeas relief. Schad also unsuccessfully sought to enjoin a clemency hearing and to stay his execution, claiming that the Clemency Board was biased and subject to undue pressure by the Governor in violation of due process. The Arizona Clemency Board is appointed by the Governor and issues recommendations to the Governor, who may grant clemency only when the Board recommends it. Ariz. Rev. Stat. 31-402(A). The Ninth Circuit upheld denial of the injunction, stating that the record and the district court’s “well-reasoned decision” did not support challenges to the Board’s fairness.
Court Description: Habeas Corpus/Death Penalty. The panel affirmed the district court
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