United States Eighth Circuit

Grant of a preliminary injunction staying intervenor's execution so that he could litigate the constitutionality of Arkansas's lethal injection protocol is reversed where the district court: 1) failed to apply the correct legal standard; and 2) erred in granting the injunction as intervenor had failed to assert his claim in a timely fashion.

Appellate Information

• Decided 07/09/2007
• Published 07/09/2007

Judges

• HANSEN, Circuit Judge., Before COLLOTON, HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Kelly K. Hill, AAG of Little Rock, AR.  Joseph V. Svoboda, AAG and Mark Hagemeier, AAG of Little Rock appeared on the brief.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Julie Brain of Little Rock, AR.   Alvin Schay and Deborah of Little Rock appeared on the brief.