December 21, 2006
Lethal injection mess hits Ohio again
As reported here at ODPI, U.S. District Court Judge Gregory Frost has followed up his remarkable lethal injection work earlier this month by today granting a stay to Kenneth Biros because of the litigation and questions surrounding questions Ohio's lethal injection protocol. Judge Frost's latest opinion is available at this link. Here is one of many notable passages:
Faced with two different orders by two different panels reaching two different conclusions, this Court is left with the task of determining what the law of this case is. Because neither order provides any reasoning for its outcome, this Court can only conclude that the law of the case is that this Court should evaluate individually and on a case-by-case basis each motion for a preliminary injunction that comes before it. In other words, there is apparently no substantive law of the case as to all intervening plaintiffs here because there is no apparent consistency to the appellate decisions that have arisen from this litigation.
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