Appeals Court Ruling Opens Door To Ohio Resuming Executions

CINCINNATI (AP) — Ohio moved a step closer to resuming executions as a federal appeals court ruled Wednesday in the state's favor in a case over its lethal injection process. In an 8-6 vote, the 6th U.S. Circuit Court of Appeals in Cincinnati reversed a judge's order that delayed three executions after he declared Ohio's lethal injection process unconstitutional. The 6th Circuit ruling clears the way for the state to move forward with the three executions but isn't a decisive ruling on the constitutionality of the three-drug method, said Allen Bohnert, a public defender representing death row inmates. The dissenting opinion, by Judge Karen Nelson Moore, said the court made the wrong decision about whether the inmates deserved a trial on their claim that the injection process is a cruel and unusual punishment. Objections to the use of midazolam rely on witness accounts of unusual movement by inmates being executed, something that by itself doesn't mean the inmate isn't unconscious, attorneys for the state told the appeals court in a May filing.

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