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A new federal statutory attack on Missouri's lethal injection protocol

By Douglas A. Berman

Over at Capital Defense Weekly is this notable new post headlined "Under the radar lethal injection challenge appears to be heading to trial." Here is the substance: In news of the next possible wave of challenges to lethal injection, Ringo v. Lombardi, Case No. 09-4095-CV-C-NKL, a federal district court judge in the Western District of Missouri on Tuesday  denied a motion to dismiss in a challenge to that state?s lethal injection statute.  The suit uses a new avenue to challenge lethal injection, ?a declaratory judgment that Missouri?s lethal injection protocol violates the Food, Drug and Cosmetic Act, 21 U.S.C. §§ 801, et seq. (?FDCA?), as well as the Controlled Substances Act, 21 U.S.C. §§ 301, et seq. (?CSA?).?   Mark this one as one to watch...continue to full post

Full post as published by Sentencing Law and Policy on March 07, 2010 (boomark / email).