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Judge denies Evans challenge of state's lethal injection
Fox 45 News ^ | 2/1/2006 | Fox 45 News

Posted on 02/01/2006 7:42:31 PM PST by George - the Other

BALTIMORE (AP) -- A federal judge today rejected a bid by Vernon Evans to postpone his execution -- the second time in two days Evans' challenges of the state's method of lethal injection have been turned down in court.

Evans had asked a federal judge to delay his execution, set for next week, saying the state's planned method of execution could cause him unnecessary and excruciating pain, violating his constitutional protection against cruel and unusual punishment.

But U-S District Court Judge Benson Legg ruled that Evans' claims that his years of intravenous drug use had damaged his veins so badly that the lethal drugs might now work properly were not enough to derail his execution.

He wrote that -- quote -- "Evans has not shown that there are substantial and unnecessary risks intrinsic to the procedure."

---

Evans' attorney says he plans to appeal Legg's ruling to the U-S Court of Appeals for the Fourth Circuit in Richmond, Virginia.

Evans still has a petition for clemency pending in front of Governor Ehrlich.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events
KEYWORDS: crime; execution; punishment
He was sentenced to death in 1984 for the April 1983 shooting murders of two motel clerks, David Scott Piechowicz and Susan Kennedy, white.
1 posted on 02/01/2006 7:42:32 PM PST by George - the Other
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To: George - the Other
Meanwhile, 'conservative' SCOTUS Justice Alito, doing his best immitation of Sandra O'Connor, sided with the six other liberals to grant a stay of execution for a death row inmate. In his first SCOTUS decision Alito decided to split from the rulings of conservative Justices Thomas, Roberts and Scalia.

Of course, in one of 'conservative' Roberts' first SCOTUS decisions he ruled against a case that might have limited abortions in New Hampshire. The Supreme Court hasn't changed one bit. In fact, it may be more liberal now than before.

2 posted on 02/01/2006 8:03:48 PM PST by TheCrusader ("The frenzy of the mohammedans has devastated the Churches of God" Pope Urban II ~ 1097A.D.)
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To: TheCrusader

Considering there are two cases on hold, expect more than this before it is resolved.


3 posted on 02/02/2006 12:58:04 AM PST by Domangart (editor and publisher)
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To: George - the Other

He was sentenced to death in 1984 for the April 1983 shooting murders of two motel clerks, David Scott Piechowicz and Susan Kennedy, white.
.....saying the state's planned method of execution could cause him unnecessary and excruciating pain, violating his constitutional protection against cruel and unusual punishment.

-----Something tells me that his victims suffered cruel and painful deaths so who the hell cares what he wants? Kill the SOB and send him back to the depths of Hell where he was spawned from.


4 posted on 02/02/2006 3:33:42 AM PST by WasDougsLamb (I refuse to have a battle of wits with an unarmed man)
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To: George - the Other

Why don't We just smother him with a pillow.


5 posted on 02/02/2006 3:38:12 AM PST by wolfcreek
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