OH is one of several states to alter the traditional three-drug cocktail used for decades in lethal injections after European drug companies refused to sell the barbiturate commonly used in executions over ethical concerns. He said there's no evidence a nurse anesthetist would be able to evaluate an inmate's consciousness from the viewing room.
The Cincinnati-based 6th Circuit agreed with lawyers for the inmates that the revised protocol presents "some risk of pain", but said such a risk was impossible to avoid in any form of capital punishment, and was thus legal under the Constitution.
Attorneys for a convicted child killer asked the U.S.
The request to Justice Elena Kagan comes as the inmates continue to challenge the state's new lethal injection method. US District Court Magistrate Michael Merz had denied the request put in by attorneys representing the inmates. A federal judge in January declared the use of midazolam unconstitutional, but a federal appeals court ruled 8-6 last month that OH can use the sedative in the process. Among the death row prisoners is Ronald Phillips, who is scheduled to die July 26 for the 1993 rape and killing of his girlfriend's 3-year-old daughter in Akron.
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The procedure includes the sedative midazolam (mih-DAY'-zoh-lam).
In October 2016, OH said it would resume executions after a three-year hiatus caused by difficulties obtaining the drugs used previously.
The state is expected to oppose the request.
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