Legal analyst explains what could happen next after Christa Pike execution pause

The legal fate of convicted murderer Christa Pike remains uncertain after a federal appeals court paused her execution hours before she was scheduled to receive a lethal injection in Tennessee.

The 6th Circuit Court of Appeals granted Pike a stay of execution, sending her latest legal challenge back to a lower federal court for further consideration.

Tennessee Attorney General Jonathan Skrmetti subsequently asked the US Supreme Court to intervene and overturn the appeals court's stay, according to WBIR-TV, an NBC-affiliated television station in Knoxville, Tennessee.

At the centre of Pike's latest challenge is evidence concerning the sexual abuse she experienced before committing the 1995 murder of Colleen Slemmer.

Legal analyst Don Bosch told WBIR-TV that a change in the state's position on Pike's history of abuse appears to have played a role in the appeals court's decision.

"I think what has happened and what the Sixth Circuit has indicated is that there's been a change in the position of the state as to the effect that [previous sexual abuse] might have had on Pike," Bosch said, according to WBIR.

"Before, they just said that Pike was lying, was overstating it and that it really didn't have any effect. And now they've been taking the position of, 'No, it really is sad.'"

Bosch stressed that the appeals court has not overturned Pike's conviction or death sentence.

Instead, two of the three judges indicated that Pike may have raised a new issue that warrants consideration by the US District Court for the Eastern District of Tennessee, he said.

"Two of the three judges have said that Christa Gail Pike has likely raised a new issue that warrants the district court, that's the Eastern District of Tennessee, hearing that issue to determine first, has this already been raised and litigated? And if not, do they get to relitigate it and does it make a difference?" Bosch said.

That leaves open the possibility that the US Supreme Court could intervene before the lower court considers the issue.

"We could see the U.S. Supreme Court step in at any moment and lift the stay, cause the execution to go forward today. And that could happen," Bosch said.

Pike's execution warrant is due to expire at the end of the day, meaning the legal proceedings could determine whether Tennessee is able to carry out the execution under the current warrant.

According to Bosch, the central legal question is whether Pike had a sufficient opportunity during earlier proceedings to present evidence about her history of abuse that could have affected her sentence.

"Right now, it's whether or not Pike has sufficiently had the opportunity to present evidence that would mitigate the sentencing in this case and possibly cause a jury to think harder, or think again, about whether the death penalty was appropriate," he said.

A finding in Pike's favour on that issue could potentially lead to a new sentencing hearing, Bosch said.

"And that could only happen if she is remanded for a new sentencing hearing. I think those chances are low but possible," he said.

The Supreme Court's decision on the stay could therefore determine the immediate next step in the case.

"The Supreme Court could say we're not going to step in and at that point the Sixth Circuit order that remands it back to the district court for further hearing and findings of fact that would," Bosch said.

If the Supreme Court does not intervene and the district court proceeds with the case, Pike could face further hearings that may delay the execution by months.

"So we could be looking at an execution within the next few hours or an execution that may be the next few months if Pike is not successful with this new challenge," Bosch said.

If the district court determines that Pike did not previously have a sufficient opportunity to present the evidence, she could potentially raise the issue in a new sentencing proceeding.

"If it was not previously sufficiently raised, she may get the opportunity to raise it even at a potential new sentencing hearing," Bosch said.

Bosch cautioned, however, that he believes Pike's chances of ultimately prevailing on the issue remain limited.

"I do think that the chances of Pike prevailing on those grounds are low, particularly this late in the game, but it will cause a delay. And it may cause a delay of up to a few months," he said.