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6th Circuit Splits on Lethal Injection Litigation

By Jeralyn, Section Death Penalty
Posted on Tue May 16, 2006 at 09:13:20 AM EST
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Via Sentencing Law and Policy:

The capital drama in Tennessee (background here and here) took another turn this morning as the Sixth Circuit in Alley v. Little, No. 06-5650 (6th Cir. May 16, 2006) (available here) refused to reconsider its decision to lift a district court stay based on a lethal injection claim. Five of the 12 voting judges dissented in a potent and brief opinion authored by Judge Martin. Here are portions of Judge Martin's dissent:....

Lethal injection litigation also led to a stay of execution in Texas.

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    6th Circuit Splits on Lethal Injection Litigation | 2 comments (2 topical)
    Re: 6th Circuit Splits on Lethal Injection Litigat (none / 0) (#1)
    by Talkleft Visitor on Tue May 16, 2006 at 10:25:36 AM EST
    A challenge to lethal injection has also resulted in putting a halt to aCalifornia's plans to step up the pace of executions. The tide is slowly turning.

    Re: 6th Circuit Splits on Lethal Injection Litigat (none / 0) (#2)
    by HK on Tue May 16, 2006 at 10:47:06 AM EST
    A stay of execution in Texas? Definitely something to hold the front page for! I've been pondering all aspects of this issue quite a lot lately. I know that in the US prospective jurors are not considered for capital cases if they are anti-death penalty. This naturally creates a predisposition towards a certain type of outcome. What I've been wondering is, are judges permitted to sit who are anti-death penalty? Indeed, are any judges anti-death penalty, given that their job is to follow specific guidlines that may require them to impose such a sentence? If it is the case that not just jurors but also judges are leaning in one direction from the outset, surely this creates a system in which once a certain degree of culpability is proven, the death sentence is a forgone conclusion. It also means that any attempt to challenge the death penalty will be shot down in flames - as detailed above. To me this means that there isn't a lot of room for change in the existing set-up. Nobody has any inclination to try alternative sentences or reconsider the methods used and consequences for society of the death penalty; thus the status quo is maintained. Would be interested to hear the thoughts of someone with more knowledge about this aspect of the US legal system.

    6th Circuit Splits on Lethal Injection Litigation | 2 comments (2 topical)