Legal Research

More on Baze v. Rees

By David Badertscher, PLL

We have just received the following commentary on the U.S. Supreme Court opinion, Baze v. Rees from the ABA Criminal Justice Section:

A six month de facto nationwide moratorium on executions will likely cease due to the 7-2 decision by the U.S. Supreme Court to uphold

In the case of Baze v. Rees two death row inmates contested the means by which

The ruling will make it very difficult for future challenges to the way lethal injections are administered in other states. Chief Justice John Roberts stated that challengers will have to show not only that a state?s method ?creates a demonstrated risk of severe pain? but also that the execution method must present a ?substantial? or ?objectively intolerable? risk of serious harm. 

Justice Ginsberg and Souter filed the dissenting opinions.

Click on the link below to access the full opinion. If you cannot click on the link, copy and paste it into your browser.

http://www.supremecourtus.gov/opinions/07pdf/07-5439.pdf

Full post as published by New York Supreme Court Criminal Term Library on April 17, 2008 (boomark / email).