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Post by MXB on Jun 6, 2007 4:13:48 GMT -5
US court rules Missouri execution not cruel, unusual punishment
A U.S. federal appeals court on Monday opened the way for Missouri to resume executing condemned inmates, ruling the state's lethal injection procedure is not cruel and unusual punishment.
The case filed on behalf of condemned killer Michael Taylor had effectively halted Missouri executions by lethal injection since early last year. A judge said he wanted to be sure that the three-drug injection method did not cause risk of pain and suffering.
"Mr. Taylor presents no argument that the penalty of death by lethal injection is grossly out of proportion to the severity of his crime," the ruling from a three-judge panel of the 8th U.S. Circuit Court of Appeals said.
The court's decision reversed a ruling by U.S. District Judge Fernando Gaitan Jr. ordering reforms to Missouri's lethal injection procedures. He wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find a doctor willing to participate.
Missouri is among nine states that have put executions on hold as it grapples with whether lethal injection is inhumane.
It was not immediately known if the state would resume executions after the ruling; a message seeking comment was left with the attorney general and the governor's office.
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