One of the biggest capital punishment cases to come before the US Supreme Court in a generation was put together largely by a young, fresh-out-of-law-school member of Kentucky's overworked, underpaid corps of public defenders.
David Barron, 29, filed an appeal on behalf of two Kentucky death row inmates, arguing that the three-drug cocktail used in lethal injections across the country can cause excruciating pain and thus amounts to cruel and unusual punishment in violation of the Eighth Amendment to the Constitution.
After three years of long hours on Barron's part, the Supreme Court agreed to hear arguments in the case next Monday.
"I can't believe I've got a case before the Supreme Court and I'm not even 30 years old," Barron said.
This is the first time in more than a century that the high court will address the legality of a method of execution.
Thirty-six states use lethal injection and executions across the US have come to a halt in the meantime.
Barron, an assistant public defender, arrived in Kentucky in 2004, just over a year out of law school, to represent death row inmates.
The challenge was brought on behalf of convicted cop killer Ralph Baze and Thomas Clyde Bowling, who was found guilty of killing a couple. Barron lost the cruel-and-unusual argument at a trial and at the Kentucky Supreme Court. But he kept pushing the case, hoping to keep his clients alive a bit longer.
Barron beat long odds: The Supreme Court gets as many as 7,000 petitions a year but agrees to hear only 100 to 150 cases.
Lethal injections have come under legal attack around the country in recent years, with experts arguing that it is not the humane, painless method of execution it was supposed to be.
Legal experts said the Kentucky case apparently got the attention of the high court because it arrived fully developed -- it went through a full-blown trial with more than 20 witnesses, who argued both sides of the question of whether inmates suffer extreme pain while immobilized, unable to cry out.
Death penalty supporter Kent Scheidegger of the Criminal Justice Legal Foundation, said the case gives the Supreme Court "a clear shot at the merits of the injection question."
"The trial court took extensive testimony, building a substantial record," Scheidegger said.
The unit's chief is the only one who has ever argued a case before the US Supreme Court. In fact, for this case, the public defender's office is bringing in Donald Verrilli, a Washington lawyer who frequently appears before the high court, to argue the challenge.
Such a move is normal. Only those who are admitted to the bar of the Supreme Court can argue before the justices.
POLITICAL PATRIARCHS: Recent clashes between Thailand and Cambodia are driven by an escalating feud between rival political families, analysts say The dispute over Thailand and Cambodia’s contested border, which dates back more than a century to disagreements over colonial-era maps, has broken into conflict before. However, the most recent clashes, which erupted on Thursday, have been fueled by another factor: a bitter feud between two powerful political patriarchs. Cambodian Senate President and former prime minister Hun Sen, 72, and former Thai prime minister Thaksin Shinawatra, 76, were once such close friends that they reportedly called one another brothers. Hun Sen has, over the years, supported Thaksin’s family during their long-running power struggle with Thailand’s military. Thaksin and his sister Yingluck stayed
Kemal Ozdemir looked up at the bare peaks of Mount Cilo in Turkey’s Kurdish majority southeast. “There were glaciers 10 years ago,” he recalled under a cloudless sky. A mountain guide for 15 years, Ozdemir then turned toward the torrent carrying dozens of blocks of ice below a slope covered with grass and rocks — a sign of glacier loss being exacerbated by global warming. “You can see that there are quite a few pieces of glacier in the water right now ... the reason why the waterfalls flow lushly actually shows us how fast the ice is melting,” he said.
FOREST SITE: A rescue helicopter spotted the burning fuselage of the plane in a forested area, with rescue personnel saying they saw no evidence of survivors A passenger plane carrying nearly 50 people crashed yesterday in a remote spot in Russia’s far eastern region of Amur, with no immediate signs of survivors, authorities said. The aircraft, a twin-propeller Antonov-24 operated by Angara Airlines, was headed to the town of Tynda from the city of Blagoveshchensk when it disappeared from radar at about 1pm. A rescue helicopter later spotted the burning fuselage of the plane on a forested mountain slope about 16km from Tynda. Videos published by Russian investigators showed what appeared to be columns of smoke billowing from the wreckage of the plane in a dense, forested area. Rescuers in
‘ARBITRARY’ CASE: Former DR Congo president Joseph Kabila has maintained his innocence and called the country’s courts an instrument of oppression Former Democratic Republic of the Congo (DR Congo) president Joseph Kabila went on trial in absentia on Friday on charges including treason over alleged support for Rwanda-backed militants, an AFP reporter at the court said. Kabila, who has lived outside the DR Congo for two years, stands accused at a military court of plotting to overthrow the government of Congolese President Felix Tshisekedi — a charge that could yield a death sentence. He also faces charges including homicide, torture and rape linked to the anti-government force M23, the charge sheet said. Other charges include “taking part in an insurrection movement,” “crime against the
RSS