Eighth Circuit Hears Missouri LI Challenge

Eighth Circuit Hears Missouri LI Challenge

The federal appeals court heard oral arguments in the case yesterday in St. Louis. The St. Louis Post-Dispatch has, "Appeals judges dig into Missouri execution procedures."

Missouri corrections officials came under heavy fire from a condemned inmate's lawyers Wednesday and some pointed questioning by federal appeals judges considering whether to allow the state to resume executions.

Judge William Jay Riley said the state's lawyers initially misrepresented the execution procedures to both a lower court and the 8th U.S. Circuit Court of Appeals, which heard oral arguments in St. Louis.

A decision may be months away.

Judge David R. Hansen asked James Layton of the Missouri attorney general's office whether state officials could now be trusted to implement revised procedures imposed after problems were revealed.

The Kansas City Star has an AP report, "Judges look into execution reforms."

The Taylor case effectively has halted Missouri executions by lethal injection for the last year. A three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis heard arguments in the case Wednesday.

U.S. District Judge Fernando Gaitan Jr. ordered specific reforms to Missouri’s lethal-injection procedures, including the use of a doctor specializing in anesthesia.

Gaitan initially required the state to have a board-certified anesthesiologist oversee executions. That order met fierce resistance from the American Society of Anesthesiologists.

Missouri Solicitor Jim Layton, on behalf of the Corrections Department, said the state objects to Gaitan’s ordering that executions be overseen by a doctor experienced in anesthesia.

“There’s no reason to believe we can find such a person,” Layton said.

Taylor’s attorneys are not arguing that his life be spared. Rather, they argue that the procedures could result in a death with cruel and unusual suffering.

The debate centers on how three drugs are administered in succession. Opponents say they can constitute cruel and unusual punishment if given improperly.

Earlier coverage of lethal injection challenges can be found here.