Case 2:16-cv-00866-WKW-GMB Document 30-1 Filed 02/22/17 Page 11 of 15

TRIALS AND DIRECT APPEALS

Murder 2/1/1982
Arthur v. State, 472 So. 2d
Convicted in Colbert County and
650 (Ala. Crim. App.
sentenced to death. Court of Criminal
1st Trial 2/19/1983 1984); Ex parte Arthur,
Appeals affirms; Alabama Supreme Court
472 So. 2d 665 (Ala.
reverses.
1985)

Convicted in Jefferson County and Arthur v. State, 575 So. 2d

2nd Trial 5/13/1987 sentenced to death. Court of Criminal 1165 (Ala. Crim. App.
Appeals reverses. 1990)

Arthur v. State, 711 So. 2d

Convicted in Jefferson County and
1031 (Ala. Crim. App.
sentenced to death at his request. Court of
3rd Trial 12/5/1991 1996); Ex parte Arthur,
Criminal Appeals and Alabama Supreme
711 So. 2d 1097 (Ala.
Court affirm.
1997)
COJ 4/7/1998 Certificate of judgment issues.
POSTCONVICTION (STATE AND FEDERAL)
Federal SOL
4/7/1999 28 U.S.C. 2244(d)(1)(D)
expires
State SOL
4/7/2000 Ala. R. Crim. P. 32.2(c)
expires
Arthur v. State, 820 So. 2d
886 (Ala. Crim. App.
Jefferson County Circuit Court dismisses
2001); Ex parte Arthur,
as time-barred. Court of Criminal Appeals
1st Rule 32 1/25/2001 No. 1001966 (Ala. Nov.
affirms; Alabama Supreme Court and U.S.
2, 2001); Arthur v.
Supreme Court deny cert.
Alabama, 535 U.S. 1053
(2002)

1st execution Set for April 27, 2001. Stayed by Ex parte Arthur, 821 So.
3/23/2001
date Northern District on April 25. 2d 251 (Ala. 2001) (table)

Arthur v. Haley, 2:01-cv-

Alleges actual innocence based on
983-LSC (N.D. Ala. Dec.
affidavits of Alphonso High and Ray
4, 2002); Arthur v. Allen,
Melson, and requests DNA testing on
452 F.3d 1234 (11th Cir.
evidence. Northern District dismisses as
1st Habeas 4/20/2001 2006); Arthur v. Allen,
time-barred, rejects claim of actual
459 F.3d 1310 (11th Cir.
innocence, and denies request for DNA
2006) (modifying
testing. 11th Circuit affirms; Supreme
opinion); Arthur v. Allen,
Court denies cert.
549 U.S. 1338 (2007)

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Lethal Alabama changes its method of

injection 7/1/2002 execution from electrocution to lethal
adopted injection
Arthur v. State, CR-03-
Jefferson County Circuit Court dismisses
0396 (Ala. Crim. App.
as time-barred and successive. Court of
2nd Rule 32 6/22/2003 Aug. 20, 2004); Ex parte
Criminal Appeals affirms; Alabama
Arthur, No. 1040072 (Ala.
Supreme Court denies cert.
Feb. 18, 2005)

Arthur v. King, No. 2:07-

cv-319-WKW, 2007 WL
Seeks access to evidence for DNA testing. 2381992 (M.D. Ala. Aug.
1st 1983 4/12/2007 Middle District dismisses; 11th Circuit 17, 2007); Arthur v. King,
affirms; Supreme Court denies cert. 500 F.3d 1335 (11th Cir.
2007); Arthur v. King, 552
U.S. 1040 (2007)

Arthur v. Allen, No. 07-

0342-WS-C, 2007 WL
2320069 (S.D. Ala. Aug.
First method-of-execution challenge.
10, 2007); Arthur v. Allen,
2nd 1983 5/14/2007 Southern District dismisses; 11th Circuit
248 F. Appx 128 (11th
affirms; Supreme Court denies cert.
Cir. 2007); Arthur v.
Allen, 553 U.S. 1004
(2008)

Set for September 27, 2007. Governor

Ex parte Arthur, No.
2nd execution grants 45-day reprieve on September 27
6/22/2007 1951985 (Ala. June 22,
date to allow ADOC to make minor
2007)
modification to protocol.
Sherri Arthur Stone seeks to bar the State
from performing an autopsy on Arthurs Stone v. Allen, No. 07-
Daughters body following his execution. The 0681-WS-M, 2007 WL
9/25/2007
1983 nominally pro se complaint is evidently 4209262 (S.D. Ala. Nov.
ghostwritten by Arthurs counsel. 27, 2007)
Southern District dismisses.
Arthur v. Allen, No. 07-
Second method-of-execution challenge.
0722-WS-M (S.D. Ala.
Southern District dismisses, holding that
Nov. 15, 2007); Arthur v.
3rd 1983 10/9/2007 Arthurs arguments are the same as those
Ala. Dept of Corrs., No.
raised in his previous challenge; 11th
07-15877 (11th Cir. July
Circuit affirms.
29, 2008)

Consciousness ADOC adds consciousness assessment, a

assessment 10/26/2007 minor additional safeguard, to lethal
added injection protocol.

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Set for December 6, 2007. Execution is Ex parte Arthur, No.

3rd execution
10/31/2007 stayed on December 5 pending decision 1951985 (Ala. Oct. 31,
date
in Baze v. Rees. 2007)

U.S. Supreme Court holds that Kentuckys

three-drug lethal injection protocol does Baze v. Rees, 553 U.S. 35
Baze v. Rees 4/16/2008
not violate 8th Amendments ban on cruel (2008)
and unusual punishment.

Set for July 31, 2008. Alabama Supreme

Court stays the execution on July 30 on Ex parte Arthur, No.
4th execution
6/30/2008 Arthurs motion and a 54 vote, as 1951985 (Ala. June 30,
date
Arthur had just filed a Rule 32 petition 2008)
alleging newly-discovered evidence.
Challenges state statute providing that an
executed inmates body be autopsied. Arthur v. Allen, 574 F.
4th 1983 7/28/2008 Southern District dismisses the complaint Supp. 2d 1252 (S.D. Ala.
as untimely and censures Arthur and his 2008)
counsel in the published opinion.
Alleges newly-discovered evidence, an
affidavit by Bobby Ray Gilbert in which
Gilbert claimed to have murdered Troy
Wicker. Jefferson County Circuit Court
Arthur v. State, 71 So. 3d
conducts evidentiary hearing, at which
733 (Ala. Crim. App.
Gilbert refuses to answer any questions.
2010); Ex parte Arthur,
The circuit court determines that the
3rd Rule 32 7/29/2008 No. 1091292 (Ala. Apr.
affidavit is incredible, but it orders DNA
15, 2011); Arthur v.
testing. After a second hearing, the court
Alabama, 132 S. Ct. 453
denies the petition, writing that Arthur had
(2011).
attempt[ed] to perpetrate a fraud on the
court. Court of Criminal Appeals affirms;
Alabama Supreme Court and U.S.
Supreme Court deny cert.
Arthur v. Thomas, 674 3d
1257 (11th Cir. 2012);
Third method-of-execution challenge. Memorandum Opinion
Middle District dismisses, but 11th Circuit and Order, Arthur v.
reverses 2-1 and remands for factual Dunn, No. 2:11-cv-438-
development. Middle District holds WKW-TFM (M.D. Ala.
evidentiary hearings in October 2012 and Apr. 15, 2016), ECF No.
5th 1983 6/8/2011 January 2016. Middle District enters 359; Arthur v. Dunn, No.
judgment in States favor in April 2016, 2:11-cv-438-WKW (M.D.
then enters final judgment in States favor Ala. July 19, 2016);
in July 2016. 11th Circuit affirmed on Arthur v. Commr, No.
November 2, 2016. Supreme Court denied 16-15549 (11th Cir. Nov.
certiorari on February 21, 2017. 2, 2016); Arthur v. Dunn,
No. 16-602, 2017 WL
670511 (Feb. 21, 2017)

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Petitions 11th Circuit for permission to file In re Arthur, No. 12-

2nd Habeas 2/10/2012 a second 2254 petition in the Northern 10749-P (11th Cir. Mar.
District. The 11th Circuit denies. 13, 2012)

Ex parte Arthur, No.

Set for March 29, 2012. 11th Circuit 1951985 (Ala. Feb. 22,
5th execution grants stay on March 23 due to ongoing 2012); In re
2/22/2012
date 5th 1983. (This stay is vacated on Commissioner, No. 15-
February 12, 2015.) 10262 (11th Cir. Feb. 12,
2015)

Arthur v. Thomas, No.

2:01-CV-0983-LSC, 2012
Moves Northern District to reopen the first
WL 2357919 (N.D. Ala.
2254 in light of Martinez v. Ryan.
Rule 60(b) June 20, 2012); Arthur v.
5/1/2012 Northern District denies motion; 11th
motion Thomas, 739 F.3d 611
Circuit affirms; Supreme Court denies
(11th Cir. 2014); Arthur v.
cert.
Thomas, 135 S. Ct. 106
(2014)

ADOC modifies protocol to make

Midazolam
9/11/2014 midazolam the first drug in the three-drug
substitution
cocktail, replacing pentobarbital.

Ex parte Arthur, No.

1951985 (Ala. Dec. 23,
Set for February 19, 2015. Middle
2014); Memorandum
District grants stay on February 17 due
6th execution Opinion and Order,
12/23/2014 to ongoing 5th 1983, pending a trial
date Arthur v. Myers, No.
and final decision on the merits of his
2:11-cv-438-WKW (M.D.
claims.
Ala. Feb. 17, 2015), ECF
No. Doc. 219

U.S. Supreme Court affirms denial of

death-row inmates motion for preliminary
injunction regarding method of execution
(involving midazolam). Reiterates that
Glossip v. Glossip v. Gross, 135 S.
6/29/2015 method-of-execution challenges must
Gross Ct. 2726
include an alternative that is feasible,
readily implemented, and in fact
significantly reduce[s] a substantial risk of
severe pain.

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Set for November 3, 2016. Arthur files

two cert. petitions in the U.S. Supreme
Court, one from the 11th Circuits
decision on his fifth 1983 and the Ex parte Arthur, No.
other from the Alabama Supreme 1951985 (Ala. Sept. 14,
Courts denial of his motion to stay for 2016); Order, Arthur v.
7th execution consideration of a Hurst v. Florida Dunn, No. 16-602 (Nov.
9/14/2016
date argument. The U.S. Supreme Court 3, 2016); Arthur v.
grants stay in the 1983 matter on Alabama, No. 16-595,
November 3 as a courtesy to the four 2017 WL 276188 (Jan.
justices on the eight-member Court who 23, 2017)
voted for a stay. The Court denies cert.
in the Hurst matter on January 23,
2017.
On the eve of his execution, Arthur files a
petition based on Hurst v. Florida in the Arthur v. State, 01-CC-
4th Rule 32 11/2/2016 Jefferson County Circuit Court. Arthurs 1987-577.63 (Jefferson
response to the States motion to dismiss County Cir. Ct.)
is due March 3, 2017.

Access to courts challenge concerning Order, Arthur v. Dunn,

ADOCs prohibition against telephones in 2:16-cv-866-WKW (M.D.
6th 1983 11/2/2016
the viewing chamber during executions. Ala. Nov. 3, 2016), Doc.
District court denied TRO. 10