Attorney Statement: U.S. Supreme Court Grants Cert in Lethal Injection Case

(from January 23, 2015)

Statement from attorney in response to grant of certiorari by the U.S. Supreme Court in Oklahoma lethal injection case addressing use of controversial drug midazolam in executions: 

“Petitioners are pleased that the Supreme Court will review their case. The lethal injection landscape has changed significantly since Baze v. Rees in 2008. At that time, every state was using the same three-drug combination, which the lawyers in Baze conceded was humane if administered properly.

“Today, states are not using that 3-drug protocol and instead are using experimental drug combinations. The drug protocol used in Oklahoma is not capable of producing a humane execution, even if it is administered properly.

“The time is right for the Court to take a careful look at this important issue, particularly given the bungled executions that have occurred since states started using these novel and experimental drugs protocols.”

– Dale Baich, one of the attorneys representing Oklahoma death row prisoners.
– January 23, 2015

The Petition for Writ of Certiorari can be accessed here.

The order from the U.S. Supreme Court can be accessed here.