United States Sixth Circuit

District court's order staying defendant's execution, based on preexisting litigation related to challenges to Ohio's method of execution including challenges stemming from the State's use of a three-drug protocol and its difficulty accessing usable veins in prior executions, is vacated as any challenge to Ohio's three-drug execution protocol is now moot because such procedure will not be utilized on defendant, and no basis exists for continuing the stay previously in effect.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• John Patrick Parker, Attorney, Law Offices, Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, OH, for Plaintiff-Appellee., Charles L. Wille, Office of the Ohio Attorney General, Columbus, OH, for Defendant-Appellant.