Block Removed For Ohio Execution: The Associated Press reports on a previously blocked execution set for Dec. 8th that can now go forward due to a change in Ohio's lethal injection policies because of a federal appeals court ruling today. The Sixth Circuit's decision means that Kenneth Biros will be the first inmate executed under the new one-drug IV injection, with a two-drug muscle injection serving as a backup. The change in drugs renders Biros' argument, that the state's former policy was unconstitutional, invalid. The court wrote that,"In granting a stay of execution, the district court based its reasoning on concerns related to the old procedure. Because the old procedure will not be utilized on Biros, no basis exists for continuing the stay previously in effect." Biros' attorney, Tim Sweeney, argued that conducting the execution under the new protocol would be "human experimentation, pure and simple." Kent's post discussing the stay is available here.
"The Bird" Makes Pittsburgh Pay: Pittsburgh Tribune-Review writer Adam Brandolph reports on the Pittsburgh City Council's recent decision to settle a First Amendment dispute, giving a man who gave 'the bird' to a police officer a total of $50,000. The officer initially cited the man for disorderly conduct for the display, but after the county dropped the charge, motorist David Hackbart sued to recover the cost of defending himself. U.S. District Judge David S. Cercone ruled that the officer had violated Hackbart's First Amendment right to free speech. With the onset of the holiday shopping season and this case circling each other, try to avoid the first amendment issue. Enjoy your bird on Thursday only.
Moratorium on Kentucky Executions: Lexington Herald-Leader writer Jack Brammer reports on the Kentucky Supreme Court's decision that Kentucky may not execute anyone until it adopts regulations in compliance with the law. The court ruling came in the case of three death row inmates, Thomas C. Bowling, Ralph Baze and Brian Keith Moore, who were challenging the state's lethal injection protocol. The court said the state Department of Corrections must follow state-mandated administrative procedures before adopting the current lethal injection process of a three-drug cocktail. The state's top public defenders, a leading anti-death-penalty group, and a group of independent lawyers are asking the court to allow an American Bar Association review of the implementation of the death penalty in Kentucky. This process could take 12 to 18 months. Another article by Brett Barrouquere of the Associated Press can be found here. Update: John Schwartz has this story in the NYT.
"The Bird" Makes Pittsburgh Pay: Pittsburgh Tribune-Review writer Adam Brandolph reports on the Pittsburgh City Council's recent decision to settle a First Amendment dispute, giving a man who gave 'the bird' to a police officer a total of $50,000. The officer initially cited the man for disorderly conduct for the display, but after the county dropped the charge, motorist David Hackbart sued to recover the cost of defending himself. U.S. District Judge David S. Cercone ruled that the officer had violated Hackbart's First Amendment right to free speech. With the onset of the holiday shopping season and this case circling each other, try to avoid the first amendment issue. Enjoy your bird on Thursday only.
Moratorium on Kentucky Executions: Lexington Herald-Leader writer Jack Brammer reports on the Kentucky Supreme Court's decision that Kentucky may not execute anyone until it adopts regulations in compliance with the law. The court ruling came in the case of three death row inmates, Thomas C. Bowling, Ralph Baze and Brian Keith Moore, who were challenging the state's lethal injection protocol. The court said the state Department of Corrections must follow state-mandated administrative procedures before adopting the current lethal injection process of a three-drug cocktail. The state's top public defenders, a leading anti-death-penalty group, and a group of independent lawyers are asking the court to allow an American Bar Association review of the implementation of the death penalty in Kentucky. This process could take 12 to 18 months. Another article by Brett Barrouquere of the Associated Press can be found here. Update: John Schwartz has this story in the NYT.
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