Wednesday, December 06, 2006
Missouri Lethal Injection Challenge
It's been smoldering, but the lethal injection challenge in Missouri has sparked up again with the state appealing an October ruling by a federal district judge that the state's lethal injection procedure is unconstitutional. The Kansas City Star has "Doctor not necessary at executions, state says."
Missouri can execute prisoners constitutionally even without a doctor to oversee the lethal injection process, state officials argued in documents filed late Monday with a federal appeals court.
The state is appealing a federal judge’s order that halted the execution of Michael A. Taylor, who came within hours of being put to death earlier this year for the 1989 killing of Kansas City teenager Ann Harrison. No other Missouri executions have been scheduled this year as a result.
Taylor’s attorneys have until early January to respond in writing to the state’s filing with the St. Louis-based 8th U.S. Circuit Court of Appeals. Oral arguments are set for Jan. 10.
Taylor’s lawyers have seized on the argument that the three-drug cocktail used in Missouri and most other states with capital punishment may constitute cruel and unusual punishment if not administered properly.
Judge Fernando Gaitan ordered Missouri to use a doctor to oversee use of the lethal drugs, but the state has been unable to find one who will participate.
Earlier coverage is here, here, and here. More on lethal injection challenges is here.
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