Arizona Supreme Court won't review competency in death case
PHOENIX (AP) — The Arizona Supreme Court on Monday declined to overturn a lower court ruling that found a man set to be executed this week is competent to be put to death.
The high court without comment declined to review last week's decision from a judge in Pinal County that rejected arguments that mental illness made Clarence Dixon unable to understand why he was being put to death.
While the judge found Dixon does suffer from schizophrenia, he said Dixon is rational and understands the proceedings in his case well enough to show he is competent.
Dixon's lawyers are now expected to ask a federal judge in Phoenix to consider his competency as part of a flurry of last-minute court action they hope will prevent Wednesday's scheduled execution.
U.S. District Court Judge Diane Humetewa has scheduled a late-morning hearing to consider Dixon's contention that the state plans to use an expired drug to put him to death. The state contends the sedative sodium pentobarbital that was compounded into a solution by a licensed pharmacist met expiration guidelines.
On Saturday, Humetewa declined to halt the execution after the Arizona attorney general's office provided documents showing test results that determined the drug would not expire until August, based on its February mix date.
Dixon attorney Jennifer Moreno disagreed with the state's conclusions regarding the retention of the drug's potency and said it actually expired in mid-April. Humetewa said that issue was not before her that day, forcing Dixon’s lawyers to file the challenge she plans to hear Monday.
Arizona and many other states have struggled to get execution drugs in recent years after drug-makers refused to sell their products for that use. Arizona obtained the pentobarbital it plans to use from an unidentified...
