Mississippi Supreme Court denies stay of execution

By Holbrook Mohr/The Associated Press

JACKSON — The Mississippi Supreme Court has denied a request to stay Tuesday’s execution of a man convicted of killing his 3-year-old daughter, his ex-wife and her parents.

Jan Michael Brawner’s lawyer said earlier Monday that his client could be the first person executed in the U.S. on a tie vote of judges. The court voted 4-4 last week to deny a rehearing in the case. Justice Ann Lamar didn’t vote.

Monday’s vote on a motion to suspend the rules to allow a second motion for rehearing was 4-3. Lamar and Chief Justice Bill Waller didn’t vote this time.

In court procedures, a tie vote usually means an earlier ruling stands. Brawner’s lawyer had argued that tie votes favor inmates in death penalty cases.