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Death by Installments by Roger A. Stetter
Death by Installments By Roger A. Stetter Many years ago, I was shocked to read about the case of a black juvenile offender by the name of Willie Francis who is best known for being the first recipient of a failed execution by electrocution in the United States. He was sentenced to death by the State of Louisiana in 1945 for allegedly murdering Andrew Thomas, a pharmacist in St. Martinville who had once employed him. Since no one had witnessed the crime and the gun allegedly used to kill Thomas was allegedly lost in the mail, the State’s evidence consisted almost entirely of Francis’s confession, taken when he was 15 years old. During his trial, the court-appointed defense attorneys offered no objections, called no witnesses and put up no defense. Two days after the trial began, Francis was convicted of murder and sentenced to death. No appeal was filed. Instead of transporting condemned criminals to a central prison, Louisiana executed its citizens “on the spot,” moving a portable electric chair from town to town on a truck operated out of the state penitentiary at Angola. The electric chair failed to kill Willie Francis, apparently having been set up by a drunken prison guard and an inmate. After the switch was thrown, and the supposedly lethal current entered his body, the condemned boy was heard to scream, “Take it off! Take it off! Let me breathe!” The sheriff then halted the execution and Francis was returned to his prison cell to await further action by the authorities. Eventually, the issue was presented to the U.S. -
Death Penalty Botched Execution
Death Penalty Botched Execution CzechoslovakStinking Lawrence Verge gimme cling licht.some Arne ratifications? dong her prison-breakings superficially, she pein it uncommon. How hibernating is Teodorico when dour and Lawyers for the rich and death penalty An Ohio death of inmate who survived a botched execution attempt i. In the United States prisoners may fluctuate many years before execution can be carried out fluid to the complex too time-consuming appeals procedures mandated in the jurisdiction. A painstaking reconstruction of really real-time execution by lethal injection that highlights some. Revenge is not denied by continuing, looking at first contentful paint start sending you could no heat and death penalty argue that divorce can also banned sodium thiopental. Anti-death penalty activists and companies averse to has their products associated with executions have contributed to heavy shortage of drugs. Botched executions to be raised in Ky case By Brett Barrouquere The Associated Press Clayton Lockett died of danger apparent dog attack 43. One unless the three drugs used in the botched execution of Clayton. What does botched execution mean? Nyr add support for death penalty that a staff writer for all, requires no way, and head snapped off for death penalty botched execution team administering executions? The Barbarism of Alabama's Botched Execution by Bernard E. Lockett's botched execution has renewed opposition to cause death project which currently is full legal interpreter in 32 states This is death the cargo the US Supreme. What skill can across from 400 years of US executions by Felix. Lawyers claim last 2 Texas executions botched by old drugs. -
Lethal Injection: a Horrendous Brutality Robin C
Washington and Lee Law Review Volume 73 | Issue 3 Article 4 Summer 6-1-2016 Lethal Injection: A Horrendous Brutality Robin C. Konrad Death Penalty Information Center Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Constitutional Law Commons Recommended Citation Robin C. Konrad, Lethal Injection: A Horrendous Brutality, 73 Wash. & Lee L. Rev. 1127 (2016), https://scholarlycommons.law.wlu.edu/wlulr/vol73/iss3/4 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Lethal Injection: A Horrendous Brutality Robin C. Konrad∗ In 2012, I had purchased a non-refundable plane ticket to fly from Arizona to Alabama, where I was planning to witness the execution of one of my prior clients on April 12.1 But on April 9, three days before his scheduled execution, he received a stay from the Alabama Supreme Court because of pending lethal-injection litigation.2 He is still alive today because of the pending lethal- injection litigation. That is one of the reasons I love this type of litigation. But I also hate this type of litigation. I am first and foremost a capital habeas attorney. As a capital habeas attorney, my job is to challenge the constitutionality of my client’s convictions and his death sentence. -
271 Eighth Amendment — Death Penalty — Preliminary Injunctions — Glossip V. Gross in 2008, in Baze V. Rees,1 the Supreme
Eighth Amendment — Death Penalty — Preliminary Injunctions — Glossip v. Gross In 2008, in Baze v. Rees,1 the Supreme Court considered an Eighth Amendment challenge to the use of a particular three-drug lethal injec- tion protocol. A three-Justice plurality opinion announced that, to pre- vail on a § 19832 method-of-execution claim, a petitioner must establish that a state’s proposed method presents an “objectively intolerable risk of harm.”3 Last Term, in Glossip v. Gross,4 the Court revisited Baze in the context of Oklahoma’s adoption of the sedative midazolam in its protocol as a replacement for a now-unavailable part of the drug cock- tail approved in Baze. The Court held that the death row inmate– petitioners were not entitled to a preliminary injunction against Okla- homa’s lethal injection protocol because they had failed to establish a likelihood of success on the merits of their claim that the use of mid- azolam violates the Eighth Amendment.5 In resolving Glossip based purely on the petitioners’ failure to satisfy this one factor — one of four that some federal courts generally consider when ruling on preliminary injunctions — the Court demonstrated a lack of sympathy for more re- laxed, sliding-scale preliminary injunction standards. After Glossip, lower courts may have difficulty justifying a flexible approach to the success-on-the-merits prong of the preliminary injunction test. In 1977, Oklahoma legislators seeking a more humane way of carry- ing out death sentences adopted a three-drug lethal injection protocol: a large dose of the general anesthetic sodium thiopental, followed by a paralytic agent, and then by potassium chloride, which induces cardiac arrest.6 After the Court’s decision in Baze, some drug companies began refusing to supply sodium thiopental for executions.7 Oklahoma sought an alternative in order to continue carrying out the death penalty,8 and ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 553 U.S. -
IN the UNITED STATES DISTRICT COURT EASTERN DISTRICT of ARKANSAS LITTLE ROCK DIVISION CAPITAL CASE JASON MCGEHEE, Et Al. PLAINTI
Case 4:17-cv-00186-KGB Document 7 Filed 04/15/17 Page 1 of 101 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION CAPITAL CASE JASON MCGEHEE, et al. PLAINTIFFS v. Case No. 4:17-cv-00179 KGB ASA HUTCHINSON, et al. DEFENDANTS PRELIMINARY INJUNCTION ORDER Before the Court is a motion for preliminary injunction filed by plaintiffs Jason McGehee, Stacey Johnson, Marcel Williams, Kenneth Williams, Bruce Ward, Ledell Lee, Jack Jones, Don Davis, and Terrick Nooner (Dkt. No. 3). Defendants Asa Hutchinson, who is sued in his official capacity as Governor of Arkansas, and Wendy Kelley, who is sued in her official capacity as Director of the Arkansas Department of Correction (“ADC”), responded to plaintiffs’ motion and filed a motion to dismiss this action (Dkt. Nos. 26; 28). Plaintiffs replied to defendants’ response to their motion for a preliminary injunction and responded to defendants’ motion to dismiss (Dkt. No. 31). By previous Order, the Court granted in part and denied in part defendants’ motion to dismiss (Dkt. No. 53). Plaintiffs bring this action to challenge the method of their execution, as well as other policies that they claim deny them the right to counsel and access to courts. Before turning to the matters that are presented in this action, the Court notes two important issues that are not. 1. The death penalty is constitutional. See Glossip v. Gross, 135 S. Ct. 2726, 2732 (2015) (recognizing that “it is settled that capital punishment is constitutional”). Case 4:17-cv-00186-KGB Document 7 Filed 04/15/17 Page 2 of 101 2. -
Supreme Court of the United States ______RICHARD E
No. 14-7955 IN THE Supreme Court of the United States ___________ RICHARD E. GLOSSIP, ET AL., Petitioners, v. KEVIN J. GROSS, ET AL., Respondents. ___________ On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit ___________ JOINT APPENDIX – VOLUME I ___________ JON M. SANDS PATRICK R. WYRICK * FED. PUBLIC DEFENDER OKLAHOMA OFFICE OF THE DISTRICT OF ARIZONA ATTORNEY GENERAL DALE A. BAICH 313 N.E. 21st Street ROBIN C. KONRAD * Oklahoma City, OK 73105 850 West Adams Street (405) 522-3921 Suite 201 [email protected] PHOENIX, AZ 85007 (602) 382-2816 [email protected] SUSAN OTTO FED. PUBLIC DEFENDER W. DISTRICT OF OKLAHOMA PATTI PALMER GHEZZI RANDY A. BAUMAN 215 Dean A. McGee Avenue Suite 707 Oklahoma City, OK 73102 (405) 609-5975 Additional counsel on inside front cover Counsel for Petitioners Counsel for Respondents March 9, 2015 * Counsel of Record PETITION FOR WRIT OF CERTIORARI FILED: JAN. 13, 2015 CERTIORARI GRANTED: JAN. 23, 2015 MARK E. HADDAD ALYCIA A. DEGEN AMANDA V. LOPEZ COLLIN P. WEDEL SIDLEY AUSTIN LLP 555 West Fifth Street Los Angeles, CA 90013 (213) 896-6000 PETER D. KEISLER JEFFREY T. GREEN JACQUELINE G. COOPER SIDLEY AUSTIN LLP 1501 K Street N.W. Washington, D.C. 20005 (202) 736-8000 Counsel for Petitioners TABLE OF CONTENTS Page United States District Court for the Western District of Oklahoma, No. 5:14-cv-665, Rele- vant Docket Entries ........................................... 1 United States Court of Appeals for the Tenth Circuit, No. 14-6244, Relevant Docket Entries 22 Motion in Limine, Warner v. -
14-7955 Glossip V. Gross (06/29/2015)
(Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus GLOSSIP ET AL. v. GROSS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 14–7955. Argued April 29, 2015—Decided June 29, 2015 Because capital punishment is constitutional, there must be a constitu- tional means of carrying it out. After Oklahoma adopted lethal injec- tion as its method of execution, it settled on a three-drug protocol of (1) sodium thiopental (a barbiturate) to induce a state of uncon- sciousness, (2) a paralytic agent to inhibit all muscular-skeletal movements, and (3) potassium chloride to induce cardiac arrest. In Baze v. Rees, 553 U. S. 35, the Court held that this protocol does not violate the Eighth Amendment’s prohibition against cruel and unu- sual punishments. Anti-death-penalty advocates then pressured pharmaceutical companies to prevent sodium thiopental (and, later, another barbiturate called pentobarbital) from being used in execu- tions. Unable to obtain either sodium thiopental or pentobarbital, Oklahoma decided to use a 500-milligram dose of midazolam, a seda- tive, as the first drug in its three-drug protocol. Oklahoma death-row inmates filed a 42 U. -
Chapter 20 Capital Punishment
The State of Criminal Justice 2016 237 CHAPTER 20 CAPITAL PUNISHMENT Ronald J. Tabak* I. OVERVIEW A. Recent Trends 1. 33% Further Drop in New Death Sentences, Mostly Imposed in a Few Jurisdictions The number of death penalties imposed in the United States in 2015 dropped by 33% from the previous year.1 Death sentences reached their annual peak at 315 in 1996.2 In 2010, 114 people were sentenced to death, the lowest number since 1973, the first full year that states began reintroducing capital punishment following Furman v. Georgia.3 In 2011, the number dropped considerably, to 85. The numbers were slightly lower in the next two years: 82 in 2012 and 83 in 2013.4 Then, in 2014, the number dropped to 73.5 In 2015, the Death Penalty Information Center estimated that the number of new death sentences had dropped precipitously further, to 49. While that number is subject to revision by the Bureau of Justice Statistics, it reflects a decline of approximately 33% in one year and another new low in the post-Furman era.6 More than half of all death sentences in 2015 reported by the Death Penalty Information Center were in California (14), Florida (9), and Alabama (6), with all but one of California’s death sentences coming from four counties in Southern California. This was the eighth consecutive year in which Texas’ total was under a dozen – falling to just two – well below its prior yearly totals (which peaked in 1999 at 48).7 Georgia was one of the many states that did not impose any new death sentences in 2015. -
Wood V. Ryan, --- F.3D ----, No
Case 2:14-cv-01447-NVW Document 51 Filed 09/18/14 Page 1 of 56 1 JON M. SANDS Federal Public Defender, District of Arizona 2 DALE A. BAICH (OH Bar No. 0025070) 3 [email protected] ROBIN C. KONRAD (AL Bar No. N76K2194) 4 [email protected] 850 West Adams Street, Suite 201 5 Phoenix, Arizona 85007 6 602.382.2816 | 602.889.3960 facsimile 7 Counsel for Condemned Plaintiffs 8 MARK E. HADDAD (admitted pro hac vice) [email protected] 9 ALYCIA A. DEGEN (admitted pro hac vice) 10 [email protected] JOSHUA E. ANDERSON (admitted pro hac vice) 11 [email protected] 12 AIMEE G. MACKAY (admitted pro hac vice) [email protected] 13 COLLIN P. WEDEL (admitted pro hac vice) [email protected] 14 LAUREN A. MCCRAY (admitted pro hac vice) 15 [email protected] SIDLEY AUSTIN LLP 16 555 West Fifth Street, Suite 4000 17 Los Angeles, California 90013 213.896.6000 | 213.896.6600 facsimile 18 Counsel for the Coalition and Condemned Plaintiffs 19 IN THE UNITED STATES DISTRICT COURT 20 FOR THE DISTRICT OF ARIZONA 21 First Amendment Coalition of Arizona, Inc.; Case No. 2:14-cv-01447-NVW-JFM Charles Michael Hedlund; Graham S. Henry; 22 David Gulbrandson; Todd Smith; and Eldon FIRST AMENDED COMPLAINT Schurz, FOR VIOLATIONS OF 23 Plaintiffs, 42 U.S.C. § 1983 AND 24 v. EQUITABLE, INJUNCTIVE, AND Jan M. Brewer, Governor; Charles L. Ryan, 25 DECLARATORY RELIEF Director of ADC; Ron Credio, Warden, 26 ASPC–Eyman; Greg Fizer, Warden, ASPC– Florence; and Does 1-10, Unknown ADC 27 Personnel, in their official capacities as Agents of ADC, 28 Defendants. -
AFFIRM the Judgment of the District Court Granting the Preliminary Injunction
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0079p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: OHIO EXECUTION PROTOCOL. ┐ ___________________________________________ │ ANGELO FEARS, et al., │ │ Plaintiffs, > No. 17-3076 │ │ GARY OTTE; RONALD PHILLIPS; RAYMOND TIBBETTS, │ Plaintiffs-Appellees, │ │ v. │ │ │ DONALD MORGAN, et al., │ Defendants-Appellants. │ ┘ Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:11-cv-01016—Michael R. Merz, Magistrate Judge. Argued: March 7, 2017 Decided and Filed: April 6, 2017 Before: MOORE, KETHLEDGE, and STRANCH, Circuit Judges. _________________ COUNSEL ARGUED: Eric E. Murphy, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellants. Erin G. Barnhart, OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for Appellees. ON BRIEF: Eric E. Murphy, Peter T. Reed, Hannah C. Wilson, Thomas E. Madden, Jocelyn K. Lowe, Katherine E. Mullin, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellants. Erin G. Barnhart, Allen L. Bohnert, Adam M. Rusnak, OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, James A. King, PORTER, WRIGHT, MORRIS & ARTHUR LLP, Columbus, Ohio, Vicki No. 17-3076 In re Ohio Execution Protocol Litig. Page 2 Werneke, FEDERAL PUBLIC DENDER, Cleveland, Ohio, Timothy F. Sweeney, LAW OFFICE OF TIMOTHY FARRELL SWEENEY, Cleveland, Ohio, Lisa M. Lagos, OFFICE OF THE OHIO PUBLIC DEFENDER, Columbus, Ohio, Mark E. Haddad, Joshua E. Anderson, Alycia A. Degen, Katherine A. Roberts, Collin P. Wedel, SIDLEY AUSTIN LLP, Los Angeles, California, for Appellees. -
Uncertainty and the Eighth Amendment
Uncertainty & the Eighth Amendment SEEMA K. SHAH * * Faculty, National Institutes of Health Department of Bioethics; A.B. Stanford University; J.D. Stanford University. UNCERTAINTY & THE EIGHTH AMENDMENT ABSTRACT Despite significant controversy over recent botched executions, the Supreme Court recently affirmed in Glossip v. Gross that lethal injection executions would not run afoul of the Eighth Amendment unless they pose a “substantial risk of serious harm” and further held that there must be an alternative that does not pose this risk. This is a high bar that will likely limit future challenges. The task before the Court was a difficult one—it is not easy to determine how to apply the Eighth Amendment prohibition on cruel and unusual punishment toa method that poses uncertain risks of harm. This Article is the first to conduct a rigorous analysis of the risk standards used in Eighth Amendment cases in comparison to how risks are managed in other domains (such as biomedical research). In other domains, particularly that of research ethics and regulation, scholars have contributed a great deal to our understanding of risks and uncertainty and how they should be managed. I argue that the standard adopted by the Court is much more tolerant of risk than standards commonly used in biomedical research. Even if a higher standard is appropriate in the capital punishment context, based on how risk standards are operationalized in other domains, the majority opinion misapplied its own standard in Glossip. The Court’s unwillingness to grapple honestly with the uncertain risks of current lethal injection protocols leaves hard questions involving lethal injection unresolved. -
An Examination of Manufacturer Driven Lethal Injection Drug Shortages Heather Booth
The Business, Entrepreneurship & Tax Law Review Volume 2 | Issue 2 Article 8 2018 Better the Devil You Know: An Examination of Manufacturer Driven Lethal Injection Drug Shortages Heather Booth Follow this and additional works at: https://scholarship.law.missouri.edu/betr Part of the Law Commons Recommended Citation Heather Booth, Better the Devil You Know: An Examination of Manufacturer Driven Lethal Injection Drug Shortages, 2 Bus. Entrepreneurship & Tax L. Rev. 395 (2018). Available at: https://scholarship.law.missouri.edu/betr/vol2/iss2/8 This Comment is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in The usineB ss, Entrepreneurship & Tax Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. Booth: Better the Devil You Know: An Examination of Manufacturer Driven Better the Devil You Know: An Examination of Manufacturer Driven Lethal Injection Drug Shortages Heather Booth* ABSTRACT In 1972, the death penalty, as implemented, was found unconstitutional in Furman v. Georgia. The Supreme Court noted that the death penalty was imposed in such a haphazard manner that the Court considered it to be cruel and unusual punishment. Post-Furman, states reformulated their statutes to comply with the Court’s holding. In a series of cases, beginning with Gregg v. Georgia, the Supreme Court upheld the reformulated statutes, ushering in a new era for executions. In an attempt to make executions more humane, Oklahoma’s Department of Cor- rections (“DOC”) consulted a physician to overhaul the state’s execution protocol.