Federal judge rules California lethal injection protocol
Court Alerts
A federal judge issued a memorandum of intended decision Friday, concluding that California's lethal injection procedure creates "an undue and unnecessary risk" of cruel and unusual punishment in violation of the Eighth Amendment of the US Constitution. The memorandum came in the case of condemned killer Michael Morales, who argued that it was not certain that the chemical cocktail to be used in his lethal injection would not prevent him from experiencing extreme pain during the process.
Morales' execution was postponed indefinitely in February after a court ruling that medical professionals must monitor executions by lethal injection to be sure that the inmate feels no pain. The ruling imposed a virtual moratorium on executions in California as anesthesiologists refused to take part in the execution.
In his memorandum Friday, US District Judge Jeremy Fogel wrote that:
At the present time, ... Defendants' implementation of California's lethal-injection protocol lacks both reliability and transparency. In light of the substantial questions raised by the records of previous executions, Defendants' actions and failures to act have resulted in an undue and unnecessary risk of an Eighth Amendment violation. This is intolerable under the Constitution.
Fogel set a 30-day deadline for the state to determine whether the lethal injection protocol would be modified.
Related listings
-
Merck Wins Federal VIOXX Product Liability Case
Court Alerts 12/15/2006[##_1L|1396692635.jpg|width="200" height="150" alt=""|_##]A federal jury in New Orleans returned a verdict in favor of pharmaceutical giant Merck Wednesday, concluding that the company did not fail to adequately warn a Tennessee man's doctors about r...
-
New York City Public School Employee Pleads Guilty
Court Alerts 12/15/2006[##_1L|1163869131.jpg|width="130" height="132" alt=""|_##]A New York City Public School custodial engineer pleaded guilty today to conspiring to defraud the New York City Department of Education and its predecessor, the Board of Education of the City...
-
Former Enron CEO reporting to prison
Court Alerts 12/13/2006[##_1L|1285971732.jpg|width="105" height="140" alt=""|_##]Former Enron CEO Jeffrey Skilling is expected to report to a minimum security federal prison in Waseca, Minnesota to begin a 24-year sentence for fraud, conspiracy and insider trading after a ...
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.