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Biros seeking federal stay to prevent Ohio's use of new one-drug lethal injection protocol

By Douglas A. Berman

As detailed in this new AP report,which is headlined "Ohio dismemberment killer files new delay request," Kenneth Biros has now "asked a federal judge for an emergency order to stop next week's planned execution, arguing the state is rushing too fast to use its new, one-drug lethal injection process."  Here are the basics: Kenneth Biros asked U.S. District Court Judge Gregory Frost for the delay in a filing Thursday. The 51-year-old Biros says the untested method announced last month could jeopardize his right to an execution that does not constitute cruel and unusual punishment.  He has also challenged the one-drug method in federal court and also asked a federal appeals court in Cincinnati to delay Tuesday's execution. The state opposes any delay, and Gov...continue to full post

Full post as published by Sentencing Law and Policy on December 03, 2009 (boomark / email).