Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·FEBRUARY 23, 2007

a federal judge granted class action status to a lawsuit charging...

a federal judge granted class action status to a lawsuit charging...

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a federal judge granted class action status to a lawsuit charging the state's method of lethal injection amounts to unconstitutionally cruel and unusual punishment.
This means a May 2006 stay, which blocked Robert Jackson’s execution, now applies to the other 15 inmates on Delaware’s death row.
The state had opposed class action status, arguing that it was possible for attorneys to contact each death row inmate to get them to sign onto the lawsuit.
At a hearing earlier this month, Deputy Attorney General Gregory Smith also argued that class action status might deprive any inmate of the right to "volunteer" for execution.
Chief Judge Sue L. Robinson rejected those arguments today, stating in an 8-page opinion that it made more sense to grant the case class action status, both in terms of conserving court reSources and in guaranteeing a consistent outcome for all inmates.
The case is set for a September bench trial in front of Robinson.
As a practical matter, attorneys on all sides said that all executions had been on hold informally since Robinson’s May ruling. All a defense attorney would have to do to get a stay would be to join Jackson’s lawsuit.
Delaware has not scheduled any executions since Robinson’s ruling last year.
SOURCES
  • (Sources: The News Journal, WGMD News, International Herald Tribune, 23/02/2007)