Arkansas wants court to dissolve stay for death row prisoner

Legal Compliance

Lawyers for the state of Arkansas argued Friday that the state prison director has long had the power to determine a death row inmate's sanity and that now isn't the time to change the way it moves the prisoners closer to their executions.

The arguments came in the case of Jack Greene, whose November execution was halted by the Arkansas Supreme Court so it could review his attorneys' arguments that the state correction director, Wendy Kelley, should not be deciding whether he is competent enough to be executed.

Greene's lawyers say doctors have found Greene delusional but Kelley has chosen to rely on outdated assessments of Greene's mental health in determining whether he's eligible to be executed. Greene's lawyers also have argued that Kelley shouldn't be making the determination because her boss, Gov. Asa Hutchinson, sets execution dates.

In papers filed at the state Supreme Court on Friday, assistant attorney general Kathryn Henry wrote that states are entitled to set the guidelines for review, as long as there is a "basic fairness." She also claims that, under the Arkansas Constitution, Greene cannot sue Kelley.

While previous court decisions didn't define "basic fairness," the presumption is that an inmate who is sane at his trial is sane until his execution, Henry wrote. "Only after 'a substantial threshold showing of insanity'" can an inmate win a review — and that review can be "far less formal than a trial," she wrote.

Against his lawyers' advice, Greene has insisted in a number of venues that he is not insane. State lawyers say that is reason enough for justices to dissolve the stay that was issued shortly before Greene's scheduled execution last Nov. 9.

A week before the execution date, a circuit judge said she couldn't hold a hearing on Greene's competence because, under state law, Kelley had the "exclusive authority" to determine whether the inmate was sane enough to be executed. The Arkansas Supreme Court later voted 5-2 to issue a stay and take Greene's case for review, rejecting state arguments.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.