Andrew Rosenthal posts, "Death Penalty Death Watch: Ohio," at his New York Times Loyal Opposition blog.
Charles Lorraine, who was convicted of killing an elderly man and his bedridden wife in 1986, was scheduled to be executed by lethal injection today in Ohio. But the Sixth Circuit court isn’t going to let that happen, which is good news for those of us who oppose capital punishment.
And:
What’s notable in this case is that Judge Frost and the 6th circuit are basing their decisions on the constitution’s equal protection clause—rather than on cruel-and-unusual punishment grounds, as is often the case. On paper, Ohio’s execution rules satisfy legal requirements; but in practice Ohio keeps taking a “big picture, close enough” approach, as Judge Frost puts it.
This story is far from over. Already Ohio has requested a Supreme Court review of the case, while Mr. Lorraine’s attorney has issued a statement calling for a moratorium on executions in the state. But the real “big picture” is this: There is no point to all this pretend tinkering, no way for governments to execute prisoners in a way that is not cruel and unusual punishment or in violation of other parts of the constitution. It is long past time for the United States to join the community of civilized nations and stop this immoral practice.
The latest AP filing is via the Bucyrus Telegraph Forum, "Ohio prepares appeal in case that halted execution." It's written by Joanne Viviano.
Frost said Ohio failed to document the drugs used in its most recent execution in November and failed to review the medical chart of the inmate who was put to death. He called his decision against the state a "self-inflicted wound" that could have been prevented if the corrections department did a better job of explaining why it might deviate from its policies.
"Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," he said.
A three-judge 6th Circuit panel upheld the delay while the state's changes are reviewed.
The panel said federal courts must monitor every single Ohio execution "because the State cannot be trusted to fulfill its otherwise lawful duty to execute inmates sentenced to death."
"Ohio AG To Appeal Halt Of Execution," is from the Ohio News Network.
The Ohio Attorney General's Office was preparing its appeal to the U.S. Supreme Court on Tuesday to defend its lethal injection procedures against a federal court decision that halted an execution planned for Wednesday.
"We are all saddened that the execution will not occur this week but we've got to look at the big picture here and we believe that we are doing that," Deputy Attorney General Stephen Schumaker said.
Schumaker said that filing the appeal to the U.S. Supreme court concerning the execution of Charles Lorraine is a priority, but there is no real timetable for it, ONN's Denise Alex reported.
"Watkins: Out of my hands," by Christopher Bobby for the Warren Tribune Chronicle.
While the Ohio attorney general's office continued preparing its appeal to the U.S. Supreme Court to defend its lethal injection procedures, Trumbull County Prosecutor Dennis Watkins admitted the case is clearly out of his hands.
''I understand and respect that the decision of how to proceed in this matter resides with the attorney general and the governor, and they have apparently decided on a different course of action, to wit, to appeal the merits of the federal judge's full opinion rather than just the stay itself,'' Watkins said in a news release Tuesday.
And:
A spokesman for Kasich said Tuesday he couldn't confirm if the governor had considered issuing as late as today an official reprieve in the case, which would allow the governor to remain in control of Lorraine's death warrant.
''My understanding is that a reprieve would leave the date up to the governor rather than another (execution) date having to be set by the Ohio Supreme Court,'' said Rob Nichols, a spokesman for the governor.
Local prosecutors say it's possible that the execution of Lorraine - since he is now embroiled in the latest litigation - may now go to the back of the line and follow other scheduled executions.
And DeWine's office reported that similar actions by other death row inmates could join in with Lorraine's latest appeal.
Earlier coverage of the Ohio lethal injection ruling begins at the link. Related posts are in the lethal injection index.
More on Baze v. Rees , the 2008 Kentucky case in which the Supreme Court ruled on the constitutionality of lethal injection, is via Oyez. Natiional news coverage and Texas news coverage of the ruling is also available.
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