Ohio

U.S. Supreme Court Rejects Challenge to Lethal Injection

By Cleveland Law Library

In a 7-2 vote in the case of Baze v. Rees, the United States Supreme Court rejected a claim that death by lethal injection in 36 states, including Ohio, was unconstitutional. Although 2 death-row inmates had claimed that the process could cause excruciating pain in violation of the 8th Amendment's ban on cruel and unusal punishment, the Court's syllabus explains that "to constitute cruel and unusla punishment, an execution methoc must present a 'substantial' or 'objectively intolerable' risk of serious harm," which includes "wanton and unnecessary infliction of pain, torture, or lingering death." Experts believe that challenges can still be made on the basis of lack of protocol in implementing the procedure, mistakes, and a substiantial risk of harm. See the article from law.com, as well as the article from the Cleveland Plain Dealer about current actions pending in Ohio and the belief that the moratorium on executions in Ohio will probably be lifted soon. Click here and here to read our prior posts about pending and dismissed Ohio actions.

Full post as published by Cleveland Law Library Weblog on April 18, 2008 (boomark / email).