Oklahoma City —
If the Court of Criminal Appeals takes up the case, it would be the third court to consider the inmates’ request for a stay. Last week, after the inmates’ lawyers tweaked their lawsuit, U.S. District Judge David L. Russell sent it back to state court on Friday, noting the Oklahoma Supreme Court had never addressed a similar challenge before and therefore that he could only guess how state justices might resolve it.
Lockett, who was convicted in the 1999 shooting death of a 19-year-old Perry woman, was denied clemency following a hearing Feb. 28. Warner was convicted in the 1997 death of his girlfriend’s 11-month-old daughter and was denied clemency on Tuesday.