Appeals court makes a decision on death roll executions by lethal injection.
A federal appeals court on Thursday rejected Ohio’s new three-drug lethal injection process, consequently delaying the upcoming executions.
In a 2-1 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati found the proposed use of a contested sedative, midazolam, unconstitutional. The ruling was based on the state abandoning these drugs years ago. The court agreed with the argument that these drugs can add more harm making executions inhumane.
The court also favored arguments by attorneys for death row inmates that use of another drug altogether, pentobarbital, is still an option, despite Ohio’s arguments that it can’t find supplies of that drug.
Reports say an appeal is likely including asking the full appeals court to consider the case or appealing straight to the U.S. Supreme Court, said Dan Tierney, a spokesman for the Ohio attorney general’s office.
On Feb. 10, Republican Ohio Gov. John Kasich delayed eight executions to allow time for the appeals court to make their decision.