Opinion
No. M1986-00093-SC-OT-DD.
Filed: June 13, 2006.
Hamilton County, Original Appeal No. 76 Nos. 15361-62 Below.
MOTION TO SET EXECUTION DATE
Edward Jerome Harbison was convicted in 1983 by a Hamilton County Criminal Court jury of, inter alia, first-degree murder and sentenced to death. He has unsuccessfully pursued a direct appeal, State v. Harbison, 704 S.W.2d 314 (Tenn.), cert. denied, 476 U.S. 1153 (1986), state post-conviction review, Harbison v. State, No. 03C01-9204-CR-00125, 1996 WL 266114 (Tenn.Crim.App. May 20, 1996) (app. denied Nov. 12, 1996), and federal habeas corpus review, Harbison v. Bell, 408 F.3d 823 (6th Cir. 2005), cert. denied, No. 05-9419, 2006 WL 481159 (Apr. 24, 2006), rehearing denied, 2006 WL 1584491 (June 12, 2006). The execution of the death sentence has been stayed pending completion of these proceedings.
Because Harbison has completed the standard three-tier appeals process, it is now the duty of the state attorney general to file a motion requesting that this Court set an execution date. Tenn.S.Ct. Rule 12.4(A). Therefore, the State of Tennessee, by and through the Attorney General Reporter, hereby requests that this Court set an execution date for Edward Jerome Harbison, which date shall be, in accordance with Tenn.S.Ct. Rule 12.4(E), no less than thirty (30) days from the date of the order granting this motion.