June 24, 2008
Lethal litigation to continue with dueling doctors in the first state
As detailed in this local article, the post-Baze litigation excitement in Delaware is taking place in local federal court. Here is the latest news from an article headlined "Doctors to testify on lethal injections: Each side in death-penalty suit to bring in an anesthesiologist":
A federal judge said she was "stunned" on Monday that Delaware has not adopted a U.S. Supreme Court-approved standard for carrying out executions to resolve a lawsuit challenging the state's use of lethal injection. District Judge Sue L. Robinson said it was clear to her that there are differences between Delaware's execution protocols and those used in Kentucky, which the high court found met constitutional muster earlier this year.
However, Robinson said, she does not believe she is qualified to tell if the differences are significant or not. "It is not a question of law. I need expert testimony." So she set Sept. 10 to hear from opposing experts in the class-action lawsuit brought by Delaware's death-row inmates. The civil action charges that the state's policies are so flawed -- and rarely followed -- that they violate the constitutional protection against cruel and unusual punishment.
June 24, 2008 at 09:11 AM | Permalink
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And the victims' families get to wait . . . . hasn't this judge delayed things long enough? If she cannot understand these things, perhaps she doesn't need to be a federal judge. Moreoever, the fact that she was "stunned" shows what a dim bulb this judge is. The Supreme Court did not require that everyone follow Kentucky's standard. And additionally, the dissent cited Florida's protocol as better. So, would the judge have been "stunned" if Delaware had followed Florida? Plus, let's not forget this judge's comment that "there are lives at stake"--yeah, judge, there are, but there is also justice at stake, comity issues at stake etc.
What she should do is lift the stays and allow the plaintiffs to amend their pleadings. Then the plaintiffs would have to comply with Baze. Let's see if they can.
Posted by: federalist | Jun 24, 2008 10:57:10 AM