New Ohio lethal injection process rejected by appeals court

Legal Events

A federal appeals court on Thursday rejected Ohio's new three-drug lethal injection process, jeopardizing the upcoming executions of several condemned killers.

In a 2-1 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati found the proposed use of a contested sedative, midazolam, unconstitutional. The court also ruled that Ohio's planned use of two other drugs the state abandoned years ago prevents their reintroduction in a new execution system.

After repeatedly saying it would no longer use those drugs — pancuronium bromide and potassium chloride — "but now attempting to execute condemned inmates with these very drugs, the State had taken directly contradictory positions," Judge Karen Nelson Moore ruled for the majority.

The court also favored arguments by attorneys for death row inmates that use of another drug altogether — pentobarbital — is still an option, despite Ohio's arguments that it can't find supplies of that drug.

An appeal is likely. Options including asking the full appeals court to consider the case or appealing straight to the U.S. Supreme Court, said Dan Tierney, a spokesman for the Ohio attorney general's office.

The ruling was a blow to the state, which hoped to begin executing several condemned killers next month. The first of those, Ronald Phillips, is scheduled to die May 10 for raping and killing his girlfriend's 3-year-old daughter in Akron in 1993.

Allen Bohnert, a lawyer for death row inmates challenging Ohio's lethal injection system, applauded the decision, saying the appeals court was correct in rejecting the execution process.

Executions have been on hold since January 2014, when inmate Dennis McGuire took 26 minutes to die under a never-before-tried two-drug method that began with midazolam. The same drug was involved in a problematic execution later that year in Arizona.

Ohio announced its three-drug method in October and said it had enough for at least four executions, though records obtained by The Associated Press indicated the supply could cover dozens of executions.

Related listings

  • Facebook loses search warrant challenge in New York court

    Facebook loses search warrant challenge in New York court

    Legal Events 04/05/2017

    Facebook has lost a legal fight against a New York City prosecutor who sought search warrants for hundreds of user accounts. The New York state Court of Appeals on Tuesday ruled that while the case raised important questions about privacy it was "con...

  • High Court Struggles Over Hospital Pension Dispute

    High Court Struggles Over Hospital Pension Dispute

    Legal Events 03/30/2017

    The Supreme Court seemed to struggle on Monday over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers. Justices considered the cases of three church-affiliated nonprofit ...

  • S Korea's Park questioned at court hearing on arrest request

    S Korea's Park questioned at court hearing on arrest request

    Legal Events 03/29/2017

    South Korea's disgraced ex-President Park Geun-hye was being questioned Thursday by a court that will decide if she should be arrested over corruption allegations that have already toppled her from power. Live TV footage earlier showed a stern-lookin...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read