Lower Court Holding
Decision of the Kentucky Supreme Court
Thesingle issue is whether the lethal injection provisions for execution protocolviolate or threaten to violate the rights of Ralph Baze and Thomas C. Bowlingto be free from cruel and unusual punishment. Baze and Bowling argue that thelethal injection method is cruel and unusual punishment forbidden by the EighthAmendment to the U.S. Constitution and Section 17 of the Kentucky Constitution.There are no questions in this case involving the guilt or convictions ofeither defendant. The recommendations by the jury of death sentences are alsonot in question. The only issue to be decided is the manner in which theCommonwealth of Kentucky will…
