Temporary Suspension
On June 26, 2006, U.S. District Judge Fernando J. Gaitan, Jr. of the United States District Court for the Western District of Missouri in Kansas City suspended Missouri's death penalty after lengthy hearings on the matter. Judge Gaitan reasoned that the state's lethal injection protocol did not satisfy the Eighth Amendment because (1) the written procedures for implementing lethal injections were too vague, and (2) the state had no qualified anesthesiologist to perform lethal injections. Jay Nixon, the Missouri Attorney General, promptly appealed to the United States Court of Appeals for the Eighth Circuit in St. Louis.
The Eighth Circuit held oral argument in the case on January 10, 2007, and a decision was released on June 4, 2007. The case is number 06-3651, Taylor v. Crawford. The Court reversed the decision of the district court and vacated the injunction, allowing for the death penalty to resume. The court found:
- 1. Risk of accident in carrying out of execution protocol does not form basis for claim of cruel and unusual punishment in violation of Eighth Amendment; rather, inquiry on challenge to execution protocol is whether it inherently imposes constitutionally significant risk of pain.
- 2. State's lethal injection protocol, utilizing sodium pentothal (thiopental), pancuronium bromide and potassium chloride, did not involve substantial foreseeable risk of wanton infliction of pain, and thus did not have to mandate participation of anesthesiologist or additional monitoring equipment in order to comport with Eighth Amendment's ban on cruel and unusual punishment; written protocol called for ample quantity of thiopental to cause unconsciousness, and mandated medical supervision by physician, emergency medical technician or nurse, including examination to confirm unconsciousness prior to third injection.
The first execution since Gaitan's ruling was on May 20, 2009. This suspension was partly due to a national de facto moratorium while the Supreme Court of the United States decided Baze v. Rees. The court set the first Missouri post-Baze execution date in June 2008. For various reasons no executions were conducted until May 20, 2009
Read more about this topic: List Of People Executed In Missouri
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