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Kentucky: Lethal Injection Procedure Must Comply with APA

By Steve Hall

That would be the state's Administrative Procedures Act.  The ruling is here."High court rules regulation needed for lethal injection," is the title of Tom Loftus' report for the Louisville Courier-Journal.In a ruling that will indefinitely delay executions in Kentucky, the state Supreme Court ruled Wednesday that the procedure for putting an inmate to death by lethal injection must be spelled out in a state regulation.The high court ruled that in certain instances ? including the protocol for the death penalty ? procedures adopted by a state agency in implementing a new law must be adopted as a regulation.?This court cannot ignore the publication and public hearing requirements set forth in Kentucky statutes,? the majority opinion said...continue to full post

Full post as published by StandDown Texas Project on November 25, 2009 (boomark / email).