Full US 6th Circuit Court of Appeals refuses to reconsider dismissal of lawsuit challenging Ohio's lethal injection protocol
Today's order denying an en banc rehearing of the court's earlier dismissal of the Cooey v. Taft case challenging Ohio's lethal injection protocol is here (3-page pdf). (Judges Gilman, Martin, Daughtrey, Moore, Cole and Clay dissented and would have allowed a full court rehearing.)
Today's ruling upholds the court's March 2, 2007, 3-judge panel ruling by the court dismissing the lethal injection lawsuit based on a statute-of-limitations consideration.
March 2 ruling dismissing the suit is here (17-page pdf).
Important note: Today's ruling could lead to setting of new execution dates for several inmates who had been allowed inclusion in the lawsuit (which has been on hold in US District Court pending the 6th Circuit's ruling). Today's ruling may also result in the lifting of stays of execution currently in effect for Richard Cooey, Jeffrey Hill, Jerome Henderson, and Kenneth Biros. (It's not clear if the stays currently in effect will remain in place while attorneys attempt an appeal to the US Supreme Court.)
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