Statute leaves Arizona justice no choice on McGill death warrant, attorney general argues

By State Affairs

As the Arizona Supreme Court weighs a warrant for Leroy McGill’s execution, the Attorney General’s Office insists that the statute and caselaw leave no option but to issue the order, even though the death row inmate is now pursuing postconviction relief.

The office asked the court in early March to issue a warrant for McGill’s execution on March 6, noting he had exhausted all of his appeals and had no pending court actions. Under state law, once appeals are exhausted, the state Supreme Court must issue a warrant of execution if requested.

In response, McGill said he was working to challenge his sentence in the Maricopa County Superior Court.

The state claims McGill’s coming legal proceedings are “irrelevant to whether a warrant shall be issued under Arizona law.”

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