Judge Rules Against Condemned Man

U.S. District Judge Edward Lodge has dismissed the portion of a lawsuit challenging Idaho’s lethal-injection execution procedure that involves Richard Leavitt, who is scheduled to be executed on June 12. Lodge wrote in his 55-page decision and order today that he would allow more time for briefing in the case of the three other condemned prisoners who sued, Thomas Creech, James Hairston and Gene Stuart, but expedited Leavitt’s portion because of his pending execution date. The gist of the lawsuit challenged the state’s three-drug lethal injection procedure, charging that if the earlier drug to inflict unconsciousness failed, the condemned inmate would suffer severe and excruciating pain when the later, lethal drug took effect. Since then, Idaho has announced it will use a single-drug lethal injection procedure - exactly what Leavitt sought in the lawsuit - so those points were ruled moot/ Betsy Russell , Eye On Boise. More here.

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