United States Sixth Circuit

District court's denial of defendant's request for a stay of execution by lethal injection under Ohio's new protocol where the state eliminated the use of a three-drug protocol and implemented a one-drug protocol is affirmed as the defendant is unable to demonstrate a likelihood of success on the merits on his Eighth Amendment claim by demonstrating that, facially or as applied to him, Ohio's new protocol demonstrates risk of severe pain that is substantial when compared to the known and available alternatives.

Appellate Information

• Decided 12/08/2009
• Published 12/08/2009

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John Patrick Parker, John P. Parker, Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Charles L. Wille, James Eric Holloway, Office of the Ohio Attorney General, Columbus, OH, for Defendants-Appellees.