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Another notable lethal injection opinion from the Sixth Circuit on Ohio's new one-drug protocol

By Douglas A. Berman

As regular readers know well, Ohio's recent experience with the administration of capital punishment has become a monthly saga of challenges to Ohio's new execution protocol, followed by appeals, stays denied, and then sometimes notable opinions approving or lamenting Ohio's tinkering with the machinery of death.  As detailed in this new opinion in from a split Sixth Circuit panel, this saga can makes for good blog copy.   From the majority opinion authored by Judge Batchelder: While Beuke?s delay may not be as egregious as that of the defendant in Workman, it nonetheless ?could have been brought at such a time as to allow consideration of the merits without requiring entry of a stay.? Beuke has been taking anti-seizure medication for several years...continue to full post

Full post as published by Sentencing Law and Policy on May 12, 2010 (boomark / email).