Dunn v. Ray

Dunn v. Ray, 586 U.S. ___ (2019), was a February 2019 United States Supreme Court case related to religious freedom. The case attracted media attention in early February 2019. Defendant Domineque Hakim Marcelle Ray (May 31, 1976 – February 7, 2019), an Alabama death row inmate scheduled for execution on February 7, 2019, argued that he had the right to have a Muslim imam present in the execution chamber, instead of the Christian chaplain mandated by Alabama's execution protocol. Ray received a stay from the 11th Circuit Court of Appeals the day before his execution, but Alabama moved for the Supreme Court to vacate the stay of execution. The Supreme Court vacated the stay and Ray was executed on his scheduled date.[1][2] He was one of 22 people executed in the United States in 2019.

The ruling was criticized by many commentators.[3]

Background

Ray had been sentenced to death for the rape and murder of a 15-year-old girl, and had been given a life sentence for the murders of two brothers.

The State's claim was that in February 1994, Ray and an accomplice, Marcus Owden, shot and killed brothers Reinhard and Ernest Mabins, after they refused to join a gang they were attempting to organize. The State claimed that on July 15, 1995, Ray and Owden kidnapped 15-year-old Tiffany Harville from her home in Selma, Alabama. Ray raped and murdered her and cut her throat with a knife according to Owden's trial testimony. Harville's body was found abandoned in a field in Dallas County a month after she disappeared.[4]

Owden testified against Ray and he was convicted in 1999. Owden was sentenced to life in prison, while Ray received a death sentence, when jurors voted 11–1 to recommend the death penalty.[5]

Supreme Court decision

The U.S. Supreme Court also refused to consider Ray's final appeal.

Subsequent decisions

On March 28, 2019, less than two months after Ray's execution, the Supreme Court stayed the execution of Patrick Murphy in Texas over concerns that not allowing him to have a Buddhist spiritual advisor instead of the Christian chaplain or Muslim imams, only two religions' spiritual advisors permitted by Texas to be present in the execution chamber, would violate his Constitutional rights. The ruling on Murphy renewed attention to Ray's case due to the similarity and proximity of the cases,[6][7] and the lack of explanation from justices Alito, Kavanaugh and Roberts for their latest positions.[8]

In June 2020, after Texas changed its policy to prohibit the presence of all spiritual advisors in execution chambers, the Supreme Court also stayed the execution of Ruben Gutierrez, a Catholic convicted murderer, and ordered consideration of his request to have a spiritual advisor present in the execution chamber at the time of his execution.[9][10][11][12]

In February 2021, the Supreme Court again ruled that excluding spiritual counselors from the execution chamber was not allowed, by intervening in the execution of Willie B. Smith III, a murderer in Alabama. Writing for the court, Justice Elena Kagan said "Alabama has not carried its burden of showing that the exclusion of all clergy members from the execution chamber is necessary to ensure prison security. So the State cannot now execute Smith without his pastor present, to ease what Smith calls the 'transition between the worlds of the living and the dead'."[13][14]

Similar issues arose again in September 2021 when the Supreme Court stayed the execution of John Henry Ramirez, who requested to have a minister of his choice present and allowed to lay hands on his body and audibly pray during his execution in Texas.[9][14] In March 2022, the Supreme Court ruled in favor of Ramirez's request.

See also

References
  1. Liptak, Adam (February 7, 2019). "Justices Allow Execution of Muslim Death Row Inmate Who Sought Imam". The New York Times.
  2. Stohr, Greg (February 7, 2019). "High Court Lets Alabama Execute Muslim Without Imam in Chamber". Bloomberg Law.
  3. S. M. (February 12, 2019). "Why did the Supreme Court deny a Muslim's plea for an imam at his execution?". The Economist.
  4. "Ray v. State". FindLaw. February 4, 2011. Retrieved March 3, 2019.
  5. "Execution set for Alabama inmate convicted of killing teen". Associated Press. November 9, 2018. Retrieved March 3, 2019.
  6. "In last-minute ruling, U.S. Supreme Court stops execution of "Texas Seven" prisoner". The Texas Tribune. March 28, 2019. Retrieved February 1, 2023.
  7. Weiss, Debra Cassens (March 29, 2019). "SCOTUS blocks execution of man denied Buddhist adviser; decision was different in Muslim case". ABA Journal. Retrieved January 4, 2023.
  8. S. M. (March 29, 2019). "The Supreme Court grants a Buddhist's plea for a spiritual adviser at his execution". The Economist.
  9. "Another Texas Death Row Inmate Sees Execution Delayed After Claiming Violation of Religious Freedom". CBS News. September 16, 2021. Retrieved January 4, 2023.
  10. "No. 19-8695 *** Capital Case *** Ruben Gutierrez, Petitioner v. Luis V. Saenz, et al.". United States Supreme Court.
  11. Rahman, Khaleda (June 17, 2020). "Supreme Court halts Texas man's execution one hour before scheduled death". Newsweek. Retrieved January 4, 2023.
  12. "Supreme Court halts execution after chaplain barred from death chamber; Kim Kardashian West hails decision". CBS News. June 17, 2020. Retrieved January 4, 2023.
  13. "Alabama calls off execution after U.S. Supreme Court says it has to let inmate have pastor present". CBS News. February 12, 2021.
  14. Howe, Amy (September 8, 2021). "Court blocks execution, will weigh in on inmate's religious-liberty claims". SCOTUSblog. Retrieved January 4, 2023.
  • Dunn v. Ray, 586 (U.S. 2019).
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