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JEFFREY LANDRIGAN EXECUTED IN ARIZONA AFTER SUPREME COURT REVERSES STAY
Posted on October 29th, 2010
zshapiro
Jeffrey Landrigan was executed Tuesday night after the Supreme Court lifted a stay issued by the District Court.
The State of Arizona along with other states uses a three-drug execution protocol. One of the drugs is the barbituate, sodium thiopental. Hospira Inc. is the only manufacturer licensed by the F. D. A. to produce sodium thiopental. Hospira Inc. is out of sodium thiopental and will not have more until the beginning of the year.
Jeffrey Landrigan’s lawyers requested a stay of the execution until legal sodium thiopental could be obtained. The District Court ordered the government to provide information regarding the source and production of the sodium thiopental to be used in the execution. Arizona refused to comply with the judge’s order. Therefore the District Court ordered a stay of the execution pending evidence that the three-drug execution protocol, without legal sodium thiopental, would not cause Landrigan pain and suffering. The Ninth Circuit upheld the stay and the state appealed to the Supreme Court. A five judge majority (Roberts, Alito, Scalia, Thomas, and Kennedy) reversed the stay saying that Landrigan had failed to provide sufficient evidence that the drug was not safe or could result in pain to Landrigan.
Of course, the sad irony to the reversal of the stay is that the District Court ordered the state to provide information from which the defense could determine whether or not using the substitute sodium thiopental was safe and the government refused. Now the Supreme Court reversed the stay on the basis that the defense did not have the information that the state refused to provide.
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