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 Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.