Capital Defense Weekly

November 15th, 2009

Sunday morning blogging

Not sure how long it has been since I ran one of these:

  • Ohio is switching to a one drug protocol.  I suspect this could be a huge step forward towards providing a more humane execution protocol.  Without seeing the details of thee new Ohio protocol, I join Doug Berman and Ty Alper in calling it a positive development. Of course it isn’t me who is scheduled to get Ohio’s first new fangled hot shot in the arm.  For reasons too long to delve in to here, let’s hope the new protocol works and other states quickly move to what appears to be a more humane method of death.
  • Finally, the total executions for the year look to be about one every seven or so days, roughly the rate it has been for the last three to four years (excluding the period of the Baze stays).  In any event, saving a last minute Christmas week blitz, the total for the year should be no more than 52.

[edited for clarity]

6 Responses to “Sunday morning blogging”

  1. I’m not sure I can agree with you on Ohio. They’re essentially using prisoners for human experimentation to see if this drug works better than the old drug cocktail. That’s a serious human rights violation.

  2. Where you stand on the issue depends on why you don’t like LI as it now stands. I have represented a long litany of guys who are likely to be killed not to long from now. Three drug LI is replete with the chance for error. If the one drug this method is more humane, and what I know of LI & the AVMA guidelines suggest it is, than I want it used. If, on the other hand, you oppose LI as a proxy for abolition, than of course you will oppose the new protocol. The AVMA guidelines, however, are the state of the art. Remember, for good or bad, AVMA puts down a lot more animals than even Texas has killed people.

  3. As a capital lawyer, it still causes cognitive dissonance to realize that I am advocating a “more humane” method of killing my client(s).

  4. I’d say that, barring any future Baze-type cases, 2010 will likely be a big year for executions, particularly if NC can avoid long delays based on the Racial Justice Act. The Delaware litigation should be wrapped up soon, and Missouri has a lot of guys who have finished their appeals. Florida could set a bunch of dates too.

  5. One of, if not the last, duty we owe our clients is that if they are to die that their death be as humane as possible. Of course, the goal is to never get to that duty/obligation.

  6. I think we’ll see 50-60 range for 2010 and steep decline in 2012-13 out for at least three years in light of the new Texas statute. Of course all that assumes that BHO doesn’t get to replace Justices Scalia, Thomas or Kennedy. As far as NC that is a big unknown & DR Delaware is rather small. Missouri, PA & Florida all have their own issues, in addition to LI, that are holding things up in each of those respective jurisdictions.

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