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Sixth Circuit Court Rules Against Harbison on Lethal Injection

By Tennessee Coalition to Abolish State Killing

Today the Sixth Circuit Court ruled against E.J. Harbison's challenge to Tennessee's lethal injection protocol holding that the U.S. Supreme Court's Baze decision, which upheld the constitutionality of Kentucky's lethal injection protocol, applies to Tennessee as well. Of the three judge panel making the decision, two affirmed the decision and the third dissented. The majority held that Tennessee's protocol is substantially similar to Kentucky's and therefore does not violate the Eighth Amendment.However, in his dissent, Judge Clay articulates why this ruling is problematic. Because the district court (which ruled in favor of Harbison) issued its opinion before the Baze decision, the district court never had the opportunity to receive and consider evidence in light of the Baze standard,and it never rendered a judgement as to whether Tennessee's protocol complied with Baze...continue to full post

Full post as published by tcask:: on the road (to abolition) on July 02, 2009 (boomark / email).