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March 2, 2007

Now what for Ohio's death penalty?

I predicted here March Madness concerning the death penalty in Ohio, and today's split Sixth Circuit ruling in the state's lethal injection litigation (noted here, covered best at ODPI) makes me feel like it is already Selection Sunday.  By that I mean that now Ohio death-row defendants and their lawyers need to selection who to complain to about Ohio's lethal injection protocol.

As OPDI explains, the defendants can (and likely will) seek en banc review of today's decision before the full Sixth Circuit.  But they also could (and likely should) make their case to Ohio's new Governor and Attorney General that the Sixth Circuit panel ruling denies defendants a chance to fully explore the particulars of Ohio's lethal injection protocol.  Also, it seems possible that Ohio capital defendants might  seek a means to challenge the state's revised protocol in state courts.

Of course, all of these avenues need to be explored quickly by Kenneth Biros and his lawyers, since Biros is scheduled to be executed in 18 days.

March 2, 2007 at 02:23 PM | Permalink


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