Supreme Court OKs 'cruel and unusual punishment' death penalty appeal ( Unbelievable Alert )

The Billings Gazette ^ | May 24, 2004 | Associated Press

[Hillarys Gate Cult]

WASHINGTON (AP) - The Supreme Court ruled unanimously Monday that a convicted Alabama killer can pursue an appeal claiming lethal injection is cruel and unusual punishment in his case.

Justices said that lower courts were wrong to block appeals by death row inmate David Larry Nelson, who was less than three hours from execution last fall when the Supreme Court gave him a temporary reprieve.

Nelson's case had given justices a stark look at how inmates are put to death. Nelson maintained that his veins - damaged by drug use - make it impossible to insert an intravenous line without cutting deep into flesh and muscle

[Hillarys Gate Cult]

Unreal! Kind of like the kid who kills his parents then asks for mercy because he's an orphan.

[oceanview]

let him appeal - and if he wins, put him in the electric chair instead.

[ken5050]

Who's the comedian who does the routine about swabbing the inmate's arm with disinfectant BEFORE putting the needle in?

[dighton]

Nelson maintained that his veins - damaged by drug use - make it impossible to insert an intravenous line without cutting deep into flesh and muscle.

If you must become a junkie, try not to go around murdering people.

[taxcontrol]

Nitrogen Asphyxiation - cheaper than gas chamber, Nitrogen is plentiful and cheep, only requires a breathing mask and a tank of Nitrogen and a regulator. Person dies due to Asphyxiation without CO2 build up in bloodstream - the person does not feel like they suffocating, they simply go to sleep.

[BipolarBob]

I agree with the SP on this one!. It is cruel to allow scum to die in this manner. Perhaps death by firing squad-viewing tickets $1.00 ea., death by drowning because of convicts delicate veins, death by suffocation, fire, the list goes on and on. We must protect these muderers rights to as violent a death as they have inflicted on others.

[Hillarys Gate Cult]

Cruel and unusual my rear end. It's not like we're trying to put panties on his head.

[the OlLine Rebel]

Like I've always said - back to the gallows. Preferably public so all the wanna-be monsters can see what they'll get and curb it.

[EGPWS]

Nelson's case had given justices a stark look at how inmates are put to death. Nelson maintained that his veins - damaged by drug use - make it impossible to insert an intravenous line without cutting deep into flesh and muscle

Makes sense to me, why after years of inflicting cruel and unusual punishment on himself looking for a vein, I could just imagine the horrors that could be experienced if one more needle was to be placed in him.

I bet if an injection were necessary to save his life he wouldn't object to to procedure.

[Sapper26]

A few years ago there was an inmate on death row in Washington (?). Anyway, he had a choice between the chair and hanging, he chose hanging. Problem was, that while in prison he balooned up so much that there was a possibility that he'd get decapitated if they hung him. He sued saying that it was now cruel and unusual punishment. I don't remember hearing how it turned out.

[DaiHuy]

Actually at the time hanging was the only choice he had, and the courts ruled that he could not be hung because it might cause decapitation. However since then Wa. has added Lethal Injection to their arsenal. So he is waiting his turn for the needle.

I have since moved from Wa and don't know if they have executed him yet. I think his name was Rice.

[George Smiley]

I cite Scottish law.

Play the bagpipes at them until they die.

[Go Gordon]

Simply give him a needle and tell him its full of heroin. Sort of like a last request, he can have a dose. When it actually contains death juice, its bye-bye murdering junky.

[Einigkeit_Recht_Freiheit]

I am tempted to beleive that there must be more to this story for Scalia, Kennedy, Thomas and Rehnquist all to agree with the other "honorable" judges. Perhap we should not jump to conclusions without taking a closer look lest we be accused of being reactionairies.

[tbird5]

This is why I dislike the death penalty. Years of appeals using taxpayers money and the lawyers get rich. Just give them life at hard labor or better yet send them to Mars.

[Chad Fairbanks]

I thought that was Mitchell Rupe, who ended up weighing in at about 400 pounds. Prison officials were forced to put him on a diet. He then appealed that he'd be decapitated if they hung him so it was "cruel and unusual" blha blah blah...

Last I heard, he was resentenced to Life Without Parole, due to an appeal of his sentencing based on a mistake made in his trial... but I don't recall exactly what...

[JimRed]

The court can't crush the case unless they hear it.

[George Smiley]

I saw the "unanimous" but that ain't necessarily so.

It takes two to tango, but it only takes four (votes) to grant cert.

Here's an interesting .pdf I came across while looking for this info- it attempts to determine trends or patterns in the process.

[Auntbee]

I like that idea!

[Feckless]

A .22 short right behind the ear would be quick, painless, and too good for this scumbag, veins or no veins.