The 6th U.S. Circuit Courtof Appeals in Cincinnati has declared moot an inmate’s challenge to the state’s lethal injection method, due to a policy change by the state. Kenneth Biros, Ohio death row inmate convicted of aggravated murder, challenged the state’s three drug vein injection method as being unconstitutional cruel and unusual punishment. The Ohio Revised Code mandates lethal injection as the manner of execution.
Biros’ execution on December 8, 2009 was stayed, but will now proceed due to the state’s policy change. A U.S. District Court judge had temporarily delayed Biros’ execution after the governor halted the lethal injection of another inmate in September because prison staff could not find a suitable vein. The new state policy is a change from a three-drug intravenous lethal injection to a one-drug IV injection, with a two-drug muscle injection serving as a backup.
Source: http://www.breakinglegalnews.com/entry/Federal-court-allows-Dec-8-execution-in-Ohio
