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In court today, counsel for one of five death row inmates scheduled for execution per the new federal lethal injection protocol (see: buzzfeed.com/zoetillman/tru…) said he plans to seek an injunction asap (maybe by Monday) delaying execution pending a legal challenge to the protocol
We're still waiting to see what the other four death row inmates scheduled for execution do. There is pending litigation over the federal execution protocol, but it's been dormant while the feds came up with a new plan. The other four inmates aren't party to that as of now
In court today, lawyers for death row inmates involved in the litigation (most don't have execution dates) said they need time for discovery re: the new protocol before filing an amended complaint, and saidnit'll take longer than DOJ's timing for executions set for Dec and Jan
DOJ lawyer said they didn't plan on staying pending executions while the litigation goes forward, but said it's up to the plaintiff with an execution date now set to seek an injunction from the court (there were already injunctions in place staying other executions)
Update: DOJ and lawyers for death row inmates challenging the new lethal injection protocol set a schedule that pushes things past the first round of scheduled executions - limited discovery through Feb, amended complaints due by end of March
The big Q now: Will the five men scheduled for executions in Dec. and Jan. be able to get injunctions from a judge in the meantime? Counsel for one man said in court today they will seek it, we're waiting to see what the other four do. Judges have granted these in the past
Following up on today's court action in the challenge to the feds' lethal injection protocol, one of the five men who now have execution dates has filed a separate challenge to his execution based on his status as an intellectually disabled person: assets.documentcloud.org/documents/6279…
This morning, one of Alfred Bourgeois' lawyers told the judge in the lethal injection litigation in DC fed court that they would seek an order delaying his execution as they joined the challenge to the feds' protocol; this new filing in Indiana fed court is separate from that
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