I hope Arkansas can get the drugs.
Everyone doubted they would get in a two month window in 2017, yet the succeeded.
Nooners appeals up to 2015 never challenged that he was incompetent they only went on about how much of a manlet he is.
"There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche
Hopefully this time they are executed they’ve gotten an extra 10 to 13 years on death row because of the lethal injection challenges and the “mental retardation” claims that they made. Atikins needs to be reversed it’s probably the single most driving factor as to why executions are so hard to come by. King Roberts won’t reverse it.
Arkansas death-drug ruling correct, judge told
State lists reasons to hold to decision
Attorneys representing the state objected Friday to a June 26 request to reopen a federal challenge to Arkansas' use of midazolam in lethal injections.
On May 31, U.S. District Judge Kristine Baker dismissed a lawsuit in which several Arkansas death-row inmates complained that the sedative midazolam, which is the first of three drugs administered during the state's lethal-injection process, isn't capable of sedating them deeply enough to ensure they don't feel extreme pain from injections of the remaining 2 drugs.
They contended the use of midazolam violates the Eighth Amendment, which prohibits cruel and unusual punishment.
During a trial last year before Baker, experts disagreed on whether a high dose of midazolam was sufficient to ensure the condemned men wouldn't suffer horrific pain from the next 2 drugs -- a paralytic that keeps them from indicating distress and potassium chloride, which causes searing pain and stops the heart.
Baker said the inmates didn't prove the use of midazolam violated the Eighth Amendment.
But less than a month later, attorneys for the inmates cited new evidence of the availability of a barbiturate, pentobarbital, for executions in the United States, in asking her to reopen the case. During the trial, experts agreed that pentobarbital, which has been used in executions in other states, creates a much deeper level of sedation. However, the manufacturer has objected to its use in executions, making it difficult to obtain for such purposes.
The inmates cited court documents recently filed in federal death-penalty cases indicating that the federal government plans to use a compounded form of pentobarbital to carry out its executions. Documents filed in the federal cases show the drug would be made by a compounding pharmacy registered with the Drug Enforcement Administration using bulk ingredients imported from a foreign facility registered with the Federal Drug Administration, the inmates' attorneys noted.
Calling the evidence of pentobarbital's availability to the federal government "immaterial and cumulative," the attorney general's office argued in a response filed Friday that there is no basis for Baker to amend her ruling "about conflicting scientific evidence on which there is no medical or scientific consensus."
Senior Assistant Attorney General Jennifer Merritt wrote that Baker should reject the inmates' contention that pentobarbital is now available to Arkansas for executions, should the state make an effort to obtain it.
She said the federal rule under which the request was filed can't be used to introduce new evidence or tender new legal theories. She also said the federal government publicly released information about its acquisition of pentobarbital on Nov. 13, before Baker issued her ruling in the inmates' case. She said the new information about the availability of pentobarbital to the federal government is "immaterial."
"Most importantly," Merritt wrote, "the new evidence Plaintiffs seek to introduce would not change the outcome" of their Eighth Amendment claim. She noted that to establish an Eighth Amendment violation, the inmates had to prove both that Arkansas' method of execution is "sure or very likely to cause serious illness or needless suffering" as compared with a viable alternative, and that the state has access to an alternative method that would seriously reduce the risk, and would be able to carry out the alternative method easily and quickly.
She said Baker's finding that the inmates didn't prove the Arkansas protocol entails a substantial risk of severe pain "dooms their 8th Amendment claim regardless of the availability of pentobarbital."
Merritt also argued that the inmates' evidence on the availability of pentobarbital in other states doesn't indicate that it would be available for use in Arkansas executions.
There are currently no executions set in Arkansas.
(source: arkansasonline.com)
"I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
- Oklahoma Rep. Mike Christian
"There are some people who just do not deserve to live,"
- Rev. Richard Hawke
“There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
- Rowan Atkinson
Arkansas court: Judge can’t handle capital murder case
The Arkansas Supreme Court says a judge prohibited from hearing execution-related cases after he participated in an anti-death penalty protest can’t preside over a capital murder cases.
Justices on Thursday granted a request by the state to prohibit Pulaski County Circuit Judge Wendell Griffen from presiding over the trial of a man accuses of killing two people in Sherwood in January 2020.
Griffen was prohibited from handling execution-related cases in April 2017 after he demonstrated the same day he blocked Arkansas from using a lethal injection drug.
Attorney General Leslie Rutledge argued that prohibition also applied to capital murder cases.
https://www.myarklamiss.com/news/ark...l-murder-case/
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
Arkansas judge who protested executions won't run in 2022
An Arkansas judge who was prohibited from hearing death penalty related cases after he demonstrated against executions said Monday he won’t seek reelection next year.
Pulaski County Circuit Judge Wendell Griffen said he planned to retire when his term on the bench expires Dec. 31, 2022. Griffen was first elected to the seat in 2010 and reelected for another six-year term in 2016.
“I look forward in retirement to devoting more time and energy writing, lecturing and discoursing about social justice and public theology,” he said in a statement.
The state Supreme Court prohibited Griffen from handling execution-related cases in April 2017 after he was photographed participating in an anti-death penalty demonstration outside the governor’s mansion the same day he blocked Arkansas from using a lethal injection drug. A federal court in 2018 dismissed a lawsuit by Griffen claiming the disqualification violated his constitutional rights.
On Jan. 14, the Arkansas Supreme Court granted Attorney General Leslie Rutledge’s petition to remove Judge Wendell Griffen from presiding over capital murder cases.
https://katv.com/news/local/arkansas...nt-run-in-2022
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
Any guesses to see if Arkansas will restart this year? We now have Anderson to add the to the list. It’s been almost a year since Rutledge said they were working out ways to restart executions.
If they can get the drugs they would have at least 3 (Anderson, Kemp, Johnson). Maybe more if the stays of Ward, Davis, and Greene get lifted
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
I think Nooners stay is lifted so he will likely go when if they get drugs. Maybe they can also execute Jerry Lard who waived his appeals.
Nooner is still stayed and he was declared incompetent back in 2015. We’ll see if Lard actually wants to die or if he’s just trying to stall
But as of right now, only Timothy Kemp and Justin Anderson are eligible for execution
Last edited by Bobsicles; 02-16-2021 at 06:15 AM.
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
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