New lethal in­jec­tion process re­jected by ap­peals court

The Washington Times Daily - - NATION -

COLUMBUS | A fed­eral ap­peals court on Thurs­day re­jected Ohio’s new three­drug lethal in­jec­tion process, jeop­ar­diz­ing the up­com­ing ex­e­cu­tions of sev­eral con­demned killers.

In a 2-1 de­ci­sion, the U.S. Court of Ap­peals for the 6th Cir­cuit in Cincin­nati found the pro­posed use of a con­tested seda­tive, mi­da­zo­lam, un­con­sti­tu­tional. The court also ruled that Ohio’s planned use of two other drugs the state aban­doned years ago pre­vents their rein­tro­duc­tion in a new ex­e­cu­tion sys­tem.

Af­ter re­peat­edly say­ing it would no longer use those drugs — pan­curo­nium bro­mide and potas­sium chlo­ride — “but now at­tempt­ing to ex­e­cute con­demned in­mates with these very drugs, the State had taken di­rectly con­tra­dic­tory po­si­tions,” Judge Karen Nel­son Moore ruled for the ma­jor­ity.

The court fa­vored ar­gu­ments by at­tor­neys for death row in­mates that use

of an­other drug — pen­to­bar­bi­tal — is still an option, de­spite Ohio’s ar­gu­ments that it can’t find sup­plies of that drug.

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