Edward Schad v. Charles Ryan

Plaintiff-Appellant Edward Schad is scheduled to be executed on October 9, 2013, in Arizona for the 1978 murder of Lorimer Grove. His efforts to reopen the district court’s 2006 habeas judgment by invoking Federal Rule of Civil Procedure 60(b) have been the subject of another appeal, No. 13-16895, in a separate district court action. In our opinion, we affirmed the district court’s denial of relief and recounted the long history of this litigation. Schad v. Ryan, No. 13-16895, 732 F.3d 963, 964-66 , 2013 WL 5498094, at *1-2 (9th Cir. Oct. 4, 2013).

Schad filed this action in district court prior to his clemency hearing, which took place on October 2, 2013. He unsuccessfully sought to enjoin the 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 Clemency Board in Arizona is appointed by the Governor and issues recommendations to the Governor. The Governor may grant clemency only when the Board recommends it. Ariz.Rev. Stat. § 31-402(A).

The Supreme Court has never recognized a case in which clemency proceedings conducted pursuant to a state’s executive powers have…