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Post-Baze lethal injection litigation

By Karl R. Keys, Esq.

The SCOTUSBlog notes that the latest round of lethal injection litigation has begun. The State of Florida has filed a symbolic motion to lift the stay of Mark Schwab’s execution date. Most, if not all, of the Baze related stays and cert petitions will likely be “disposed of” in the coming days, and no later than the coming weeks with at least some appear to be listed for Conferenced by the Justices for this Friday. What is curious, however, is the glimpse of what will be the likely face of the new rounds of “li” litigation, Berry v. Epps, 07-7348. In the new Mississippi filing, a supplemental brief, lawyers for death-row inmate Earl Wesley Berry contended that the lethal injection procedures used in that state provides fewer safeguards than under Kentucky?s procedures for avoiding ?serious harm? to the inmate during the execution process...continue to full post

Full post as published by Capital Defense Weekly on April 18, 2008 (boomark / email).