New lethal injection process rejected by appeals court
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.