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Eighth Circuit rejects challenge to constitutionality of Arkansas lethal injection protocol

By Douglas A. Berman

As detailed in this AP article, today a "federal appeals court upheld Arkansas' lethal injection procedure ... [by affirming] the dismissal of a lawsuit filed by three death-row inmates, including two who are scheduled to die over the next nine weeks."  The Eighth Circuit's panel ruling in Nooner v. Norris, No. 08-2978 (8th Cir. Feb. 8, 2010) (available here), starts this way: Terrick Terrell Nooner, Don William Davis, Jack Harold Jones and Frank Williams, Jr. (collectively, ?the Inmates?) were each convicted of capital murder in Arkansas. Their convictions have been affirmed, their petitions for post-conviction relief have been denied, and they await execution by the State of Arkansas. In this 42 U.S.C. § 1983 lawsuit against Larry Norris, Director of the Arkansas Department of Correction, and other corrections employees (collectively, ?the ADC?), the Inmates challenge the constitutionality of Arkansas?s protocol for execution by lethal injection...continue to full post

Full post as published by Sentencing Law and Policy on February 08, 2010 (boomark / email).