In Delaware

The Delmarva Daily Times reports today, "Deadline set in fight over executions."

A federal judge in Wilmington has set a deadline in a lawsuit brought by death row inmates challenging the constitutionality of Delaware's lethal injections.

Both sides were told to submit final briefs by the end of the month, indicating Judge Sue Robinson may be nearing a decision that could allow executions to resume.

The lawsuit was brought in May 2006. Since then, the U.S. Supreme Court has ruled in a similar case that lethal injection is a constitutional execution method. And the state signaled in July it would adopt procedural standards approved by the high court.

Attorneys representing the inmates say the state has a track record of not following its own procedures. Robinson, however, has indicated she's not inclined to consider previous problems in her decision.

"Lawsuit over Delaware executions advances," is the Delaware Online report.

A federal judge has set a series of deadlines that could soon lead to the resolution of a lawsuit that has held up all executions in Delaware for more than two years.

According to legal experts -- barring appeals -- a ruling from Delaware District Judge Sue L. Robinson could clear the way for the state to resume executions by lethal injection, possibly before the end of the year, depending on when Robinson rules.

"I certainly think the judge is narrowing the issues and appears to be on a path to try and resolve this without a formal trial," said Jules Epstein, associate professor at Widener University School of Law.

Epstein's faculty colleague at Widener, Tom Reed, agreed. He described the order by Robinson as giving the plaintiffs "one last chance" before she rules on the case.

Late last month, Robinson ordered both sides -- public defenders representing Delaware's death row inmates and the Delaware Attorney General's Office representing the Department of Correction -- to file briefs by the end of November to resolve any lingering issues.

Attorneys with the Federal Community Defender's Office in Philadelphia did not return calls Thursday. The Delaware Attorney General's Office declined comment.

The primary issues in the lawsuit, which was brought against the state in May 2006 charging that its use of lethal injection was unconstitutional, have largely been resolved.

Earlier coverage of the issue in Delaware is here.