US district court judge rules new Tennessee lethal injection
protocol unconstitutional: Sheila Burke has this
story in the Nashville Tennessean, entitled "Judge halts executions by
injection; 'unnecessary pain' risk noted in ruling." Theo Emery has this
article in the New York Times, entitled "U.S. Judge Blocks Lethal Injection
in Tennessee." Erik Schelzig has this
coverage for AP, entitled "Court Ruling Halts Tennessee Executions." BBC News has this
coverage, entitled "Tennessee bans lethal injection: A judge in Tennessee
has ruled the state's method of executing prisoners by lethal injection is
illegal because it is a cruel and unusual punishment."
AP excerpt:
A federal judge ruled Wednesday that Tennessee's new lethal injection procedures are cruel and unusual punishment, interrupting plans to execute a killer next week.
The protocol "presents a substantial risk of unnecessary pain" and violates death row inmate Edward Jerome Harbison's constitutional protections under the Eighth Amendment, U.S. District Judge Aleta Trauger said.
The new protocol, released in April, does not ensure that inmates are properly anesthetized before the lethal injection is administered, Trauger said, which could "result in a terrifying, excruciating death."
A spokeswoman for the state attorney general's office said officials are reviewing the ruling and haven't decided whether to appeal. Gov. Phil Bredesen's office had no immediate comment. ...
- Yesterday's ruling in Harbison v. Little is here (56-page pdf). Accompanying order staying Jerome Harbison's September 26 execution is here (1-page pdf).
- Nashville Tennessean columnist Dwight Lewis has this commentary, entitled "Lethal-injection ruling gives governor an opportunity."
Excerpt:
Stand tall, Gov. Bredesen, stand tall! There's no better time to stand tall for justice than now. ...


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