Ohio Executions To Resume

Today, the Sixth Circuit Court of Appeals lifted the stay issued by the district court on October 19, 2009, in Richard Cooey,II, Kenneth Biros v. Ted Strickland, et al., Case No. 09-4300, reinstating Biros's December 8, 2009, execution date. The Circuit Court found that Ohio’s change to a one-drug protocol, effective November 30, 2009, mooted his challenge to Ohio’s previous three-drug execution protocol. The Court went on to say that the key changes to the protocol grew out of, and in direct response to, the underlying litigation which Biros took part in.

Factual Development Ordered on Habeas Lethal Injection Claim

Today the Sixth Circuit issued an order remanding a case to the district court for factual development and limited discovery on the petitoner's lethal injection claim, which was certified for appeal by the Circuit on July 23, 2008. This is going to be an important case as it is the first to be granted discovery to explore the lethal injection issue in the habeas context. The case is Jones v. Bradshaw, 07-3776. Mr. Jones is represented by the Northern District CHU and Spiros Cocoves. Stay tuned for developments in this important litigation.