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Tenth Circuit refuses to block Oklahoma's planned use of new drug in execution protocol

By Douglas A. Berman

As detailed in this local article a federal circuit court has now "allowed Oklahoma to proceed with executions, including one on Thursday, using a new lethal injection drug." Here's more: The 10th U.S. Circuit Court of Appeals rejected a death-row inmate?s claim that the drug, pentobarbital, could cause cruel and unusual punishment, in violation of the U.S. Constitution. The Denver-based court concluded 3-0 that the amount of pentobarbital prison authorities plan to inject as the first of three execution drugs would by itself ?likely be lethal in most, if not all, instances.? The 10-page decision clears the way for the execution of John David Duty at 6 p.m. Thursday in the Oklahoma State Penitentiary in McAlester, and of Jeffrey Matthews on Jan...continue to full post

Full post as published by Sentencing Law and Policy on December 15, 2010 (boomark / email).