The opinion is here.The Georgia Supreme Court on Monday rejected an appeal by a condemned inmate who argued the state illegally substituted the drugs used in lethal injections.
The decision has clear the way for the execution of Warren Hill. Last July, the court halted Hill's execution just two hours before he was to be put to death. The justices granted him a stay of execution, saying they needed time to decide whether the Department of Corrections had violated state law when it replaced a three-drug execution cocktail with one drug, pentobarbital.
At issue was whether the switch was subject to the Administrative Procedure Act, which allows 30 days for public comment. The state had not followed that procedure because it said it was not required to do so.
Writing for a unanimous court, Justice Harris Hines agreed with the state's position and lifted Hill's stay of execution.
<< My Kingdom for a DNA Identification | Main | News Scan >>
Georgia Gets Single-Drug Go-Ahead
Bill Rankin reports for the Atlanta Journal-Constitution:
Now this will have to go thru the 11th Circuit. It shouldn't, since any federal claim could have been brought here. The 11th Circuit's delay of justice for Alabama killers has been unacceptably long.
And Ferguson's execution continues to be delayed. Unacceptable.
And then there's the 3d Circuit and Hubert Michael. More utter irresponsibility shown by federal courts.
Perhaps this blog should start a day counter for unacceptable federal delays in select cases.