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: Capital Defense Weekly

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By Karl R. Keys, Esq.

The case law rough for this week’s edition is here.  Most notable are the lethal injection opinions from Kentucky & the Sixth Circuit Thomas Clyde Bowling v. Ky. Dep’t of Corr.,  2009 Ky. LEXIS 291 (Ky 11/25/2009) Kentucky’s lethal injection protocol fails as it was not adopted in accordance with the Commonwealth’s Administrative Procedure’s Act. “Having reviewed the applicable law, it is apparent that the lethal injection protocol implements KRS 431.220, Kentucky’s lethal injection statute and, further, that significant portions of the protocol are not matters of internal management for the Department but rather statements of general applicability and policy which affect private rights. Pursuant to KRS 13A...continue to full post

Full post as published by Capital Defense Weekly on November 30, 2009 (boomark / email).