United States Sixth Circuit

In proceedings brought by an inmate scheduled to be executed for the murder of a police officer, grant of a motion for a temporary restraining order is vacated where: 1) petitioner's challenge to the state's three-drug protocol for implementing the death penalty under the Eighth and Fourteenth Amendments was untimely; and 2) the district court abused its discretion in concluding petitioner showed a likelihood of success on the merits.

Appellate Information

• Decided 05/08/2007
• Published 05/08/2007

Judges

• Before:  SILER, COLE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel