Wednesday, September 20, 2006
Florida executes Clarence Hill //Tex Crim App to examine lethal injection
Tonight some very odd news in juxtaposition. Clarence Hill was executed tonight by Florida. His death came hours after the U.S. Supreme Court rejected his final appeal on a 5-4 vote. Hill was executed by lethal injection, a three-drug cocktail that anesthetizes, paralyzes the lungs and then causes a massive heart attack. Reuters has a good story on Hill and seeming arbitrary splint among jurisdictions on the issue of lethal injection. The Texas Court of Criminal Appeals in Ex part eJohn Alba ordered the following:
We must consider whether a claim that the execution chemical protocol may violate the constitutional rights of the condemned is cognizable in a writ of habeas corpus. Before making the decision in this case, we invite, applicant, the State, and the Texas Department of Criminal Justice to present their positions on the following question: Is a claim that the lethal-injection protocol violates the Eighth Amendment cognizable under Article 11.071 of the Texas Code of Criminal Procedure? All briefs on these issues should be delivered to this Court within 60 days from the date of this order.
No news on whether the Alba will result in a temporary stay of the Texas killing machine
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DISCLAIMER The site contains, chiefly, the thoughts and analysis of Karl Keys. It is designed to be a first draft of history & a first draft review of case law, not the last. The goal is to get timely, accurate and germane information to those involved or interested in capital litigation. In the balance between speed and accuracy, speed sometimes wins. The law may have changed, we may have misread and misunderstood something ten years ago and still be clinging to a misperception. It is not intended to be a comprehensive review of the law. This web site is only updated on a semi-regular (whenever there is nothing good on TV or pending court deadline). Any information or links contained on this website should not be viewed as the furnishing of legal advice or as to any claim of specialization rather is given for informational puproses only and does not constitute the formation of an attorney-client relationship.