Post-Baze mopping-up operations are reported in this AP article by Larry O'Dell and Randall Chase. The Fourth Circuit held oral argument today in the Emmett case.

In Richmond, attorneys for Emmett and the state told a three-judge panel of the 4th U.S. Circuit Court of Appeals that they would consider settling the case if they can agree on changes to the state's execution protocol to satisfy Emmett's concerns -- in his case only.

I do not think the Virginia AG should go for that. Having a Fourth Circuit precedent on the validity of their protocol will go far toward expediting future executions, even if it means a little extra delay on this one.

In Delaware, U.S. District Judge Sue Robinson said she must decide whether the state's procedure is significantly different from Kentucky's, as claimed by an attorney representing ax murderer Robert Jackson III and other death row inmates.

Deputy Attorney General Elizabeth McFarland said Delaware's protocol is even more detailed than Kentucky's, leaving even less to chance. "The protocol is very clear as written," she said.

The judge set a June 23 hearing to consider which specific issues and expert witnesses will be heard in deciding whether Delaware's protocol presents a substantial risk of unnecessary pain to the condemned inmate.