The Supreme Court decided Bucklew v. Precythe today, rejecting a death row inmate’s challenge to Missouri’s single-drug execution protocol. Challenges to lethal injection are now 0-for-3 in the Supreme Court, but the Court did not foreclose future litigation. To the contrary, it left the door open to further challenges, and so did nothing to break up the litigation logjam that has resulted in a de facto moratorium on executions in North Carolina.
There’s been quite a bit of criminal law news this past week: 1. The controversy over the Bowden case and its interpretation of life sentences continues. Governor Perdue has a new legal argument for not releasing the inmates who appear to be affected by the ruling, and the inmates are planning to test that argument … Read more
It’s time to round up some news. First, the News and Observer recently commented on President Obama’s failure to nominate any additional North Carolinians for the Fourth Circuit — a court on which Tar Heels are wildly underrepresented — despite several vacancies. Of course, the White House has been moving rather deliberately on judicial nominations … Read more
Several developments this week week have brought North Carolina much closer to resuming executions. The last execution in the state took place in August 2006. Since then, we’ve had a de facto moratorium, because of three related pieces of litigation. First, defense lawyers argued that lethal injection was a cruel and unusual method of execution. … Read more