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: Capital Defense Weekly

email edition

By Karl R. Keys, Esq.

Better a little late than not at all. From this week’s email edition: The news of this edition can be summed up in one word, Baze. With no clear opinion, Baze v. Rees is now decided. Fordham?s Professor Deborah Denno notes: Baze v. Rees is a splintered plurality decision in which the Supreme Court puts forth an Eighth Amendment standard that an execution method must constitute a ?substantial? or ?objectively intolerable? risk of serious harm before it can be rendered a violation of the Eighth Amendment. While the Court affirmed the constitutionality of Kentucky?s lethal injection procedure, the evidence available in Kentucky was limited due to constraints on discovery and the fact that the state has conducted only one prior lethal injection execution...continue to full post

Full post as published by Capital Defense Weekly on April 21, 2008 (boomark / email).