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Will (and should) Ohio's one-drug success impact Delaware lethal injection litigation?

By Douglas A. Berman

The question in the title of this post is prompted by this local news story out of Delaware, which is headlined "Appeals Court to hear suit on execution procedures."  Here is how it gets started: The class-action lawsuit that has been holding up executions in Delaware for more than three years will be headed to the U.S. 3rd Circuit Court of Appeals today. If the court upholds the April ruling by Delaware District Judge Sue L. Robinson and there is no appeal to the U.S. Supreme Court, executions could soon resume in the state. However, attorneys from the Federal Community Defender's office in Philadelphia who are representing Delaware's 20 death row inmates and legal observers believe recent developments in Ohio could prompt the court to send the matter back to district court, keeping Delaware's death penalty in limbo...continue to full post

Full post as published by Sentencing Law and Policy on December 16, 2009 (boomark / email).