6th Circuit Court of Appeal overturns TN District Courts lethal injection ruling

Started by heidi salazar, July 02, 2009, 10:16:18 PM

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heidi salazar

July 02, 2009, 10:16:18 PM Last Edit: July 02, 2009, 10:21:55 PM by Heidi
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 06-01206--Aleta Arthur Trauger, District Judge.
Argued: January 20, 2009
Decided and Filed: July 2, 2009
Before: SILER, CLAY, and COOK, Circuit Judges.



                                          OPINION


SILER, Circuit Judge.  Edward Jerome Harbison is a Tennessee prisoner under death sentence who has exhausted all appeals and was denied a writ of habeas corpus. In 2006,Harbison filed a complaint under 42 U.S.C. 1983, challenging Tennessee's lethal injection protocol. The district court granted judgment in favor of Harbison, holding that the protocol violated the Eighth Amendment. The state defendants (State) appealed, relying on the Supreme Court's decision in Baze v. Rees, 128 S. Ct. 1520 (2008), which was decided after the district court decision in this case. Baze upheld Kentucky's lethal injection protocol and held that a substantially similar protocol would not violate the Eighth Amendment. Finding Tennessee's protocol substantially similar, we vacate the district court's judgment and remand for further proceedings.

Opinion here

http://www.ca6.uscourts.gov/opinions.pdf/09a0227p-06.pdf

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