Haugen's execution request up to Ore. Supreme Court

Haugen's execution request up to Ore. Supreme Court
Gary Haugen appears in court to contest his Nov. 22 reprieve from Gov. John Kitzhaber of his death warrant during a hearing at the Marion County Courthouse in Salem, Ore., Tuesday, July 24, 2012. Haugen was sentenced to death after he was convicted of the 2003 killing of a fellow inmate. Haugen was then serving a life sentence for a 1981 murder. (AP Photo/Statesman-Journal, Danielle Peterson)

SALEM, Ore. (AP) — Convicted murderer Gary Haugen's request to be executed will be heard by the state Supreme Court next week.

The seven justices will hear oral arguments Thursday on whether the twice-convicted murderer can legally reject an unconditional reprieve issued by Gov. John Kitzhaber in 2011. Kitzhaber's action blocked the execution two weeks before it was scheduled to take place.

The Statesmen Journal reports Haugen won the first round in Marion County Circuit Court. The Supreme Court accepted Kitzhaber's appeal directly.

Kitzhaber argues Haugen has no legal right to reject a reprieve because of the Oregon Constitution; the historical circumstances of clemency; and previous court decisions about the governor's clemency powers.

Haugen's lawyers say Kitzhaber's reprieve deprives him of federal constitutional rights such as a ban on cruel and unusual punishment.