"Judge refuses to invalidate Texas' new execution procedures," is the title of Steven Kreytak's Austin American-Statesman report.
A state district judge in Travis County on Friday refused to invalidate Texas' new procedure for executing murderers after finding that state law allows prison officials to make certain decisions without public scrutiny.
Lawyers for two condemned inmates claim in a lawsuit that in changing one of the drugs administered to kill inmates, officials failed to comply with the Texas Administrative Procedure Act .
That law, they said, compels officials to subject the new procedures to public scrutiny, including public review and comment periods, before they are implemented.
In rejecting the inmates' request for a temporary injunction, Judge Stephen Yelenosky sided with the Texas Department of Criminal Justice, whose case was argued by the attorney general's office.
"There's only one way to read this," Yelenosky said. He then quoted the law: "This chapter does not apply to a rule of the Texas Department of Criminal Justice that applies to an inmate."
Lawyers Bryce Benjet and Maurie Levin, who represent plaintiffs Cleve Foster and Humberto Leal, argued that the exemption was intended to apply only to prison disciplinary policies and procedures. They said they would appeal to the 3rd Court of Appeals in Austin.
Foster is slated for execution Tuesday. Leal, a Mexican citizen, is scheduled for execution July 7.
The AP report is, "Judge denies request to block execution drug," by Jim Vertuno. It's via the San Angelo Standard-Times.
A Texas judge on Friday refused to block Texas' switch to a new lethal injection drug, denying a condemned man's efforts to delay his execution, which is scheduled for next week.
Immediately after Travis County District Court Judge Stephen Yelenosky handed down his ruling, attorneys for inmate Cleve Foster said they would appeal, likely on Monday.
Foster, 47, is scheduled to be executed Tuesday for the slaying of a Sudanese woman in Fort Worth in 2002. He would be the first Texas inmate to have pentobarbital used as part of the lethal injection. Pentobarbital is used to euthanize animals.
A nationwide shortage of the sedative sodium thiopental prompted the Texas Department of Criminal Justice to announce last month it was switching drugs.
Foster's attorneys argued that the change violated the Texas Administrative Procedures Act because it requires notice and an opportunity for public comment.
But Yelenosky agreed with Texas Attorney General Gregg Abbott's office that state law specifically provides a broad exemption for the prison agency on matters concerning prison inmates, leaving him no jurisdiction to rule in Foster's favor.
Foster's attorneys, Maurie Levin and Bryce Benjet, said they will take their case to the Austin-based 3rd Court of Appeals.
The case "goes to the heart of open government," said Levin, a University of Texas law professor who represents death row inmate Humberto Leal, who is scheduled for execution July 7.
Brandi Grissom posts, "Judge Denies Death Penalty Drug Challenge," at the Texas Tribune.
Travis County District Court Judge Stephen Yelenosky this afternoon denied the request of two death row inmates to temporarily halt executions with Texas' new lethal injection drug. Lawyers for Cleve Foster and Humberto Leal said they would immediately appeal the judge's decision.
The two inmates sued the state on Tuesday, alleging that the department violated state transparency laws by making in secret the decision to use a new execution drug. Foster is scheduled for execution on Tuesday, and Leal, a Mexican citizen, is scheduled to die July 7. The inmates asked the court to stop Texas from using pentobarbital because they say the state did not abide by the Administrative Procedure Act, which they say requires public input in the process.
But Yelenosky said the Act does not apply to rules the Texas Department of Criminal Justice makes for its inmates. "This court does not have jurisdiction," Yelenosky said.
The Texas Department of Criminal Justice announced on March 16 that it would use pentobarbital in its three-drug cocktail to carry out lethal injections.
Earlier coverage begins at the link.
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