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August 8, 2007

The latest on Missouri's lethal injection litigation

This AP story provides the latest news on the Missouri lethal injection litigation winding its way through the federal courts:

A federal appeals court has refused to consider whether Missouri's lethal injection method of capital punishment is constitutional, leaving it unclear whether executions will resume in the state.... Taylor had appealed to the full appeals court after a three-judge panel ruled in June that Missouri's execution procedure is not cruel and unusual punishment. That ruling had overturned another judge's decision to ban executions until the lethal injection process was reformed.

Taylor's attorney said Wednesday that she will ask the U.S. Supreme Court to review the case. And while the high court accepts only a small percentage of the thousands of cases it is asked to review each year, "this has a better shot than most," attorney Ginger Anders said. "It's an extremely important issue, one that is going on in a lot of states."

I would not bet on SCOTUS review, but perhaps this case will get the cert pool bubbling.

August 8, 2007 at 05:16 PM | Permalink

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Comments

Betting against cert. is always the safe bet, but it's true that this cert. petition has more going for it than most: it is a hot-button issue that has been brewing in multiple jurisdictions, the case has some eye-catching facts (e.g., the past participation of the allegedly dyslexic doctor), the resources of Jenner & Block are at the petitioner's disposal, Ginger Anders clerked for Justice Ginsburg, and she (Anders, not Ginsburg) is a real cutie.

Posted by: Booker fan | Aug 9, 2007 10:25:28 AM

However, this case also has the number one reason for not granting cert.: no conflicts among the circuits and state high courts, at least as of yet. The Supremes' usual response in that situation is to let it continue to brew until a conflict does develop.

Posted by: Kent Scheidegger | Aug 9, 2007 10:43:01 AM

"[T]his has a better shot than most," attorney Ginger Anders said

Ironically unfortunate last name for someone who does criminal appellate work.

Posted by: | Aug 9, 2007 5:54:21 PM

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