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Wednesday, November 25, 2009

Kentucky Supreme Court Gives Jack Conway A Bad Thanksgiving Present, Rules State Must Comply With Law Before Any Executions Are Carried Out.

Read more from H-L, or excerpts below:

Court: No executions until death penalty process changed
By Jack Brammer

FRANKFORT –Kentucky may not execute anyone until it adopts regulations in compliance with the law, the Kentucky Supreme Court ruled Wednesday.

The court ruling came in the case of three Death Row inmates – Thomas C. Bowling, Ralph Baze and Brian Keith Moore – who were challenging the state’s lethal injection protocol.
...
Earlier this week, Attorney General Jack Conway asked Gov. Steve Beshear to set an execution date for Baze and two other men on Death Row.

Meanwhile, the state’s top public defenders, a leading anti-death-penalty group and a group of lawyers sought a moratorium on executions until a recently organized American Bar Association review of the implementation of the death penalty in Kentucky is completed in about 12 to 18 months.

In its 35-page ruling, the court said the state Department of Corrections must follow state-mandated administrative procedures before adopting the current lethal injection process of a three-drug cocktail.

It also said the state should have held public hearings on the process.

“The Department of Corrections is required by Kentucky law to promulgate a regulation as to all portions of the lethal injection protocol except those limited issues of internal management that are purely of concern to department personnel,” the high court said.

It identified “limited issues of internal management” as identities of the execution team, storage location of the drugs and other security-related issues.

Editor's comment: I guess Jack Conway won't get his election wish now, and May is FAST approaching.

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