Hopefully, any of the balanced scholarly looks will (a) acknowledge that
these lethal injection cases in federal courts should be dealt with swiftly, as the Supreme Court has said that when stays in capital cases are issued, the issues need to be resolved expeditiously, (b) acknowledge that some of the legal reasoning in some of the cases lacks, e.g., Fogel's constitutionalization of the wattage of a light bulb or Frost's use of cases where a party has engaged in sharp dealings to analyze Ohio's «fault» in filing an interlocutory appeal and (c) examine whether the burden of proof has been subtly shifted from the prisoner to the state in these cases.
«In the face of such orders and the ethical dilemmas to which they give rise, medical professionals likely would decline to serve as expert witnesses in
lethal injection cases in the first place, robbing the parties and the courts of appropriate expert testimony that would assist them in accurately adjudicating the important constitutional issues this and similar cases present,» the authors write in the brief.
This is the second straight Texas execution to be stayed since the Supreme Court took the Baze
lethal injection case.
Not exact matches
In a separate
case, Patrick Hannon was executed by
lethal injection at Florida State Prison in Starke at 8:50 p.m. local time, said Florida Department of Corrections spokeswoman Ashley Cook.
«Medical ethicists challenge court ruling on
lethal injection in Alabama
case: Ruling in death penalty
case would have a chilling effect on physicians» willingness to serve as experts in capital punishment trials.»
In almost all
cases animals would be required to be euthanized by a
lethal injection of sodium pentobarbitol.
The U.S. Supreme Court on Monday agreed to consider the
case of a Missouri inmate who contends a rare medical condition would make being put to death by
lethal injection «gruesome and painful» beyond the pain inherent in an execution.
In this decision, the 2nd Circuit exonerated U.S. District Court Judge Robert Chatigny for his handling of the
case of death row prisoner Michael Ross, who decided to forego habeas petitions and was scheduled to die by
lethal injection (full account of the story is here).
Hill, which I think of as the execution method
case, produced an unanimous ruling in favor of a death row defendant's right to challenge a
lethal injection protocol through a 1983 civil rights claim.
Consider the budget - driven approach taken by two local Kentucky lawyers, Public Defender David Barron and state attorney, Jeff Middendorf, who played key roles in Supreme Court
case Baze v. Rees, that addresses whether Kentucky's
lethal injection drug protocol amounts to cruel and unusual punishment in violation of the Eighth Amendment.
The report attributed the rise to a de facto moratorium on executions for four months in 2008 while the Supreme Court considered a
case involving
lethal injections.
The
cases include some interesting issues, such as the constitutionality of requiring voters to show a photo ID before they may vote; the constitutionality of execution by
lethal injection where the procedure poses a risk of pain and suffering in violation of the Eighth Amendment ban on «cruel and unusual punishment»; and a Fourth Amendment
case involving an unlawful search under state law that Volokh conspirator and Fourth Amendment guru Orin Kerr is interested in.
Listed below are links to weblogs that reference SCOTUS to review
lethal injection protocols with Kentucky
case:
In one
case, a state court halted an execution scheduled for Thursday night, while a state judge separately barred the use of a
lethal injection drug, potentially blocking all of the planned executions.
The U.S. Supreme Court had decided at around 10 am that morning to accept a
case from Kentucky (Baze v Rees) in order to rule on the constitutionality of the method of
lethal injection as a means of carrying out executions.
Well, the Texas — the original reason was because during earlier in the day, around 10:00 a.m., the US Supreme Court decided to take a
case out of Kentucky that would have determined the constitutionality of
lethal injection as an execution method, the three - drug cocktail used in executions in Kentucky and here in the US.
«Compared with the last term, which included historic
cases concerning Guantánamo Bay, the Second Amendment and execution by
lethal injection, the new term is a buffet without entrees,» writes Adam Liptak in the New York Times.
WASHINGTON — The Supreme Court added three
cases to its docket on Monday, agreeing to hear disputes about
lethal injections, class - action settlements and arbitration.