Congressional Digest

Supreme Court Debates March 2008 No. 3 Vol. 11
John D. Rees, et al.

Lethal Injections

Constitutionality of the Three-Drug Protocol for Execution

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John D. Rees, et al.

Respondents

Jeffrey T. Middendorf, Counsel of Record In 1998, the Kentucky General Assembly adopted lethalinjection as the primary method of execution for those sentenced to death inthe State. The Kentucky Department of Corrections (DOC) adopted a three-drugexecution procedure similar to those of other States, including Virginia,Indiana, Georgia, and Alabama. On May 25, 1999, Eddie Lee Harper became thefirst — and so far only — Kentucky inmate to be executed by lethal injection.On August 9, 2004, Ralph Baze and Thomas C. Bowling, two Kentucky death-rowinmates, filed suit against the State’s penitentiary warden, Department ofCorrections commissioner, and governor, contending that Kentucky’s lethalinjection was…

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