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Huge opinion concluding(?) Ohio lethal injection litigation

By Douglas A. Berman

A helpful readers sent me a copy of the latest federal district court ruling in Ohio's lethal injection litigation.  The ruling in Cooey v. Strickland is 159 pages(!) and it starts and ends this way: This matter is before the Court upon remand for consideration of whether the Court should continue a previously granted stay of execution to intervening plaintiff Kenneth Biros in light of Baze v. Rees, 128 S. Ct. 1520 (2008).  For the reasons that follow, this Court finds that Biros is not entitled to a continued stay and VACATES the stay of execution prohibiting the State of Ohio and any person acting on its behalf from implementing an order for the execution of Kenneth Biros.... This is not to say that Biros or any of the various plaintiffs involved in this litigation are incapable of ultimately prevailing in this litigation...continue to full post

Full post as published by Sentencing Law and Policy on April 21, 2009 (boomark / email).