More on Lethal Injection

Andrew Cohen has a good Bench Conference today on last week's California federal court decision lambasting lethal injunction. And words of advice for Jeb Bush and officials in Florida.

Memo to Florida officials: Save your time and effort and money. Do not reinvent the wheel. Read and absorb the transcript of the lengthy and painstaking evidentiary hearing conducted earlier this year by Judge Fogel in the California case. And then implement the same changes that the judge has ordered California officials to implement before he will again allow executions in that state. It's clear what happened to Diaz. People who have no business executing someone were in charge of executing someone. And those people will screw up again if they are allowed to persist without proper oversight and regulation.

Maryland's courts weighed in today as well.

Maryland's highest court today ruled that state law requires prison officials to submit their lethal injection procedures to public input -- a decision that could lead to changes in how prisoners are put to death here.

The Court of Appeals, in a split opinion, found that the lethal injection protocols are subject to Maryland's Administrative Procedures Act, meaning that they must be developed under the oversight of the attorney general's office and a legislative committee, and that the public must be given a chance for review and comment.

The case was that of Vernon Evans, the first death row prisoner to have a blog, Meet Vernon.

In its 102-page opinion, the Court of Appeals rejected several other arguments from lawyers for death row inmate Vernon Lee Evans Jr., and said he is not entitled to a new trial or sentencing hearing.

There was a strong dissent by one judge.

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    Governator Congratulates Self on Execution Plans (none / 0) (#1)
    by MSS on Tue Dec 19, 2006 at 04:02:38 PM EST
    So the California Governator proudly announces that he will fix the execution process so that California can continue to execute bad guys.


    An illusion of a governor... (none / 0) (#2)
    by Dadler on Tue Dec 19, 2006 at 06:15:37 PM EST
    ...is still a governor of an illusion.