October 18, 2005
Major Tennessee ruling upholds lethal injection protocol
With thanks to Howard for this head's up, I see this news that the Tennessee Supreme Court on Monday "upheld the state's use of lethal injection in executions, rejecting a challenge by death row inmate Abu-Ali Abdur'Rahman." Here is the official summary from the decision in Abdur'Rahman v. Bredesen, No. M2003-01767-SC-R11-CV (Tenn. Oct. 17, 2005) (available here):
We granted review to address several issues regarding the Tennessee Department of Correction's protocol for executing inmates who have been sentenced to death by lethal injection. After our review of the record and applicable authority, we conclude that the lethal injection protocol in Tennessee, which includes intravenous injections of sodium Pentothal, pancuronium bromide, and potassium chloride, (1) does not violate the Eighth Amendment to the United States Constitution or article I, section 16 of the Tennessee Constitution, (2) does not violate due process provisions under the United States or Tennessee Constitutions, (3) does not deny access to the courts in violation of the United States or Tennessee Constitutions, (4) does not violate the Uniform Administrative Procedures Act, (5) does not violate the Nonlivestock Animal Humane Death Act, (6) does not violate provisions governing the practice of medicine and provision of healthcare services, and (7) does not violate the Drug Control Act or Pharmacy Practice Act.
Related prior posts:
- Notable ruling on constitutionality of lethal injection
- The legal attack on lethal injection
- More on constitutional challenges to lethal injection
- Are four Justices ready to grant cert. on the constitutionality of lethal injection protocols?
October 18, 2005 at 02:04 AM | Permalink
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