A district judge has set a hearing for a lawsuit brought forth by two men on Oklahoma’s death row on the same day one of those inmates is scheduled for execution.
Clayton Derrell Lockett, 38, and Charles Frederick Warner, 46, are challenging the constitutionality of the state’s ability to keep secret the source of lethal injection drugs it will use to kill them.
Late Thursday, Oklahoma County District Judge Patricia Parrish set a hearing in the case for March 20 at 10 a.m. Lockett is scheduled for execution that evening at 6 p.m. Warner is scheduled for execution March 27.
Both men have been asking for a stay of execution until their case is heard. That request was first heard in Oklahoma County District Court before moving to federal court and back again, where Parrish decided Monday she did not have the jurisdiction to grant the stay.
On Thursday, the state Supreme Court agreed with Parrish that the Oklahoma Court of Criminal Appeals has the jurisdiction to grant the stay.
The appeals court also issued an order asking Lockett and Warner’s attorneys to provide the court with a supplemental briefing before it decides whether or not to grant a stay of execution. The deadline for that briefing is Monday at 9 a.m.