Post by Anja on Jun 12, 2006 10:30:53 GMT -5
Supreme Court opens door to lethal injection claims
By GINA HOLLAND
Associated Press Writer
WASHINGTON (AP) -- The Supreme Court ruled
unanimously Monday that the nation's death row
inmates can file last-minute challenges to lethal
injection after they've exhausted their regular appeals.
The court's ruling in the case of Florida death
row inmate Clarence Hill leaves unanswered,
however, broader questions about the chemicals
used in lethal injections around the country and
whether they cause excruciating pain.
The ruling sets the stage for a nationwide legal
battle over that subject, with the country's
3,300 death row inmates armed with a new tool to
contest how they are put to death. Justices have
never ruled on the constitutionality of a
specific type of execution. A constitutional
showdown over lethal injection might be the next big death penalty case.
The winner in Monday's decision was Hill, who was
strapped to a gurney with lines running into his
arms to deliver the drugs when the Supreme Court
in January intervened and blocked the execution.
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Justice Anthony M. Kennedy, writing for the
court, said that while Hill and other inmates can
file special appeals, they will not be always
entitled to delays in their executions.
"Both the state and the victims of crime have an
important interest in the timely enforcement of a sentence," he wrote.
Hill, convicted of killing a police officer, had
run out of regular appeals so he went to court
using a civil rights law claiming that his
constitutional rights would be violated by
Florida's lethal injection drug protocol. The
court's decision renews his bid to have Florida
change its chemical combination.
The decision is setback for Florida and other
states that will have to defend more last-minute
filings from inmates. More than two dozen states
had filed arguments at the court seeking the
opposite outcome. They said dragged-out appeals
jeopardize justice for victims' families.
Lethal injection is the main method used by every
state that has capital punishment except
Nebraska. Nebraska still has the electric chair,
although that, too, is being contested.
Kennedy said that Hill is not claiming that he
cannot be executed, only that he should not be forced into a painful execution.
"Hill's challenge appears to leave the state free
to use an alternative lethal injection procedure," Kennedy wrote.
©2006 The Associated Press. All rights reserved.
This material may not be published, broadcast,
rewritten or redistributed. Learn more about our
<http://apdigitalnews.com/privacy.html>Privacy Policy.
By GINA HOLLAND
Associated Press Writer
WASHINGTON (AP) -- The Supreme Court ruled
unanimously Monday that the nation's death row
inmates can file last-minute challenges to lethal
injection after they've exhausted their regular appeals.
The court's ruling in the case of Florida death
row inmate Clarence Hill leaves unanswered,
however, broader questions about the chemicals
used in lethal injections around the country and
whether they cause excruciating pain.
The ruling sets the stage for a nationwide legal
battle over that subject, with the country's
3,300 death row inmates armed with a new tool to
contest how they are put to death. Justices have
never ruled on the constitutionality of a
specific type of execution. A constitutional
showdown over lethal injection might be the next big death penalty case.
The winner in Monday's decision was Hill, who was
strapped to a gurney with lines running into his
arms to deliver the drugs when the Supreme Court
in January intervened and blocked the execution.
[]
<http://oascentral.hosted.ap.org/RealMedia/ads/click_nx.ads/FLTAM.hosted.ap.org/STATE/1%27%20+%20RNS+%20%27@x06>
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Justice Anthony M. Kennedy, writing for the
court, said that while Hill and other inmates can
file special appeals, they will not be always
entitled to delays in their executions.
"Both the state and the victims of crime have an
important interest in the timely enforcement of a sentence," he wrote.
Hill, convicted of killing a police officer, had
run out of regular appeals so he went to court
using a civil rights law claiming that his
constitutional rights would be violated by
Florida's lethal injection drug protocol. The
court's decision renews his bid to have Florida
change its chemical combination.
The decision is setback for Florida and other
states that will have to defend more last-minute
filings from inmates. More than two dozen states
had filed arguments at the court seeking the
opposite outcome. They said dragged-out appeals
jeopardize justice for victims' families.
Lethal injection is the main method used by every
state that has capital punishment except
Nebraska. Nebraska still has the electric chair,
although that, too, is being contested.
Kennedy said that Hill is not claiming that he
cannot be executed, only that he should not be forced into a painful execution.
"Hill's challenge appears to leave the state free
to use an alternative lethal injection procedure," Kennedy wrote.
©2006 The Associated Press. All rights reserved.
This material may not be published, broadcast,
rewritten or redistributed. Learn more about our
<http://apdigitalnews.com/privacy.html>Privacy Policy.