"Judge strikes down part of state execution law," is the post at the Arkansas News Bureau.
A circuit judge’s ruling today declaring part of Arkansas’ execution law unconstitutional left too much discretion to prison officials in putting condemned prisoners to death, a lawyer for death-row inmates challenging the law said.
In a ruling from the bench, Pulaski County Circuit Judge Tim Fox declared that a catchall phrase — “any other chemical or chemicals” — in a 2009 state law listing the kinds of drugs that can be used in lethal injections does not meet constitutional muster.
The ruling on the merits of the law also addressed outstanding court motions, effectively ending the circuit court phase of a lawsuit challenging the way the state executes death-row inmates. The case is expected to be appealed to the state Supreme Court.
“It was a positive development. We’re prepared to move forward in the process,” said Chief Deputy Attorney General Brad Phelps, who added the state would argue that the phrase is constitutional.
However, Jeff Rosenzweig, who represents four death-row inmates in the case, said he would appeal to the high court on the grounds that by not striking the entire law, Fox left the state prison director too much discretion to “use whatever substance he wants to execute people.”
Particularly troublesome to Rosenzweig was the judge’s decision to leave intact a portion of the law that says, “The chemical or chemicals injected may include one or more of the following substances.”
The language does not make use of the chemicals listed mandatory, he said.
“You’ve got to limit their lethal injection chemical alternatives to certain things that aren’t going to be unconstitutionally improper,” Rosenzweig said. “The Eighth Amendment provides you can’t create cruel and unusual punishment, lingering death, that sort of thing. If you can use whatever substance you want, you’re running that risk.”
The AP report is, "Circuit judge in Little Rock rules part of Arkansas execution law is unconstitutional," via the Republic. It's written by Jeannie Nuss.
A lawsuit challenging the way Arkansas executes its condemned prisoners will likely head to the state Supreme Court after a judge ruled Monday that part of the state's execution law is unconstitutional.
Current Arkansas law lists the kinds of drugs that can be used in lethal injections, plus the catchall phrase, "any other chemical or chemicals." Pulaski County Judge Tim Fox ordered that line to be struck from the statute after attorneys for death row inmates argued that it's too broad.
Fox also crossed off several other pending motions, essentially putting an end to the case in his courtroom. Attorneys for both the state and death row inmates plan to appeal at least parts of the ruling. The case is expected to land before Arkansas' highest court, a move that doesn't come as a surprise to either party.
"We knew all along this case would reach the Supreme Court," said Chief Deputy Attorney General Brad Phelps. He added that the state will likely appeal the judge's decision to strike some of the current language in the law.
Arkansas doesn't have any pending executions, in part because this lawsuit hasn't been resolved. Gov. Mike Beebe set dates for several executions this summer, but the state Supreme Court stayed them.
While Monday's ruling moved the case toward the state's highest court, it didn't end the legal questions about the state's policy for executing death row inmates.
"It's not over," said Dina Tyler, a spokeswoman for the state's prisons. And until the Supreme Court weighs in, she doesn't expect the state to execute anyone.
And:
The judge also said the state has to follow the law when it obtains the drug sodium thiopental, a sedative used in the lethal injection process.
"The defendants are enjoined from using any sodium thiopental obtained in violation of state or federal law," Fox said.
Last month, the Arkansas Department of Correction surrendered its supply of the drug purchased from a British company amid questions over how the state obtained it.
Earlier coverage of the Arkansas lethal injection challenge begins at the link. Related posts are in the lethal injection index.
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