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How Does Baze Affect Kennedy?

By Corey Rayburnyung

You might have heard that the lethal injection protocol decision, Baze, was issued today. As you would expect, the place to go for coverage of the case is Sentencing Law & Policy. Since a major Eighth Amendment decision was issued on the same day as the Kennedy argument, one might be inclined to think that the Baze opinion might have a genuine effect on the outcome in Kennedy. However, nothing I've seen so far shows any real substantial connection between the two. I haven't had a chance to wade through the nearly 100-page decision which lacks a controlling opinion, so I'm just relying on law blogosphere coverage so far.  With that being said, Berman raises two interesting points from Baze that might have relevance. If we think of Baze as an embodiment of death penalty federalism, then that would favor the state of Louisiana in Kennedy...continue to full post

Full post as published by Sex Crimes on April 16, 2008 (boomark / email).