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Split Sixth Circuit panel upholds Tennessee's lethal injection procedures

By Douglas A. Berman

Today in Harbison v. Little, No. 07-6225 (6th Cir. July 2, 2009) (available here), a (divided) Sixth Circuit panel declares that Tennessee's lethal injection protocol is constitutionally sound. Here is how the majority opinion starts: Edward Jerome Harbison is a Tennessee prisoner under death sentence who has exhausted all appeals and was denied a writ of habeas corpus.  In 2006, Harbison filed a complaint under 42 U.S.C. § 1983, challenging Tennessee?s lethal injection protocol.  The district court granted judgment in favor of Harbison, holding that the protocol violated the Eighth Amendment.  The state defendants (State) appealed, relying on the Supreme Court?s decision in Baze v. Rees, 128 S. Ct. 1520 (2008), which was decided after the district court decision in this case...continue to full post

Full post as published by Sentencing Law and Policy on July 02, 2009 (boomark / email).