In Glossip v. Gross the Supreme Court held 5-4 that death row inmates are unlikely to succeed on their claim that using midazolam as a lethal injection drug amounts to cruel and unusual punishment in violation of the Eighth Amendment.

All death penalty states and the federal government use lethal injection. In Baze v. Rees (2008) the Court approved a three-drug protocol that begins with a sedative, sodium thiopental, followed by a paralytic agent and a drug that causes cardiac arrest. Anti-death penalty advocates have persuaded United States and foreign manufacturers to stop producing sodium thiopental and an alternative, pentobarbital. So, Oklahoma and other states began using midazolam. Oklahoma increased the dose from 100 milligrams to 500 milligrams after Clayton Lockett was moving and talking after being administered 100 milligrams of midazolam. (An investigation into Lockett’s execution concluded that problems establishing IV access was the “single greatest factor that contributed to the difficulty in administering the execution drugs.”)

CSG Midwest

Thirty-seven times during his long legislative career, Nebraska Sen. Ernie Chambers had introduced legislation to repeal the state’s death penalty. Every time, it had ended in defeat. And for those outside Nebraska, there was little reason to believe the 38th time would be the charm for death-penalty opponents — the newly elected governor supported capital punishment, and the Unicameral Legislature was still considered politically conservative. Inside the state Capitol, though, legislators were well aware that 2015 could finally be the year for a successful repeal.

“I knew there would be a serious push,” says Nebraska Sen. Beau McCoy, who opposed the repeal and, two years ago, had led a filibuster to stop a similar measure from advancing. Near the end of this year’s legislative session, supporters mustered not only enough votes to pass LB 268, but to override the veto of Gov. Pete Ricketts as well.
It marked the first time that a U.S. state’s repeal of the death penalty occurred over the veto of a governor.

In Kingsley v. Hendrickson the Supreme Court held 5-4 that to prove an excessive force claim a pretrial detainee must show that the officer’s force was objectively unreasonable, rejecting the subjectively unreasonable standard that is more deferential to law enforcement. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing for a subjective standard. As a result of this ruling it will be easier for pretrial detainees to bring successful excessive force claims against corrections officers. The Court suggests that its ruling may also impact post-conviction detainees who are housed by both jails and state prisons.        

Pretrial detainee Michael Kingsley and the officers in this case agree that Kingsley refused to remove a piece of paper covering a light fixture and was forcibly removed from his jail cell so that officers could remove it. While Kingsley claims, and the officers disagree, that Kingsley resisted their efforts to remove his handcuffs and in the process the officers slammed his head against the concrete bunk, the parties agree that Kingsley was tasered. 

Sila Luis was indicted on charges related to $45 million in Medicare fraud. Unsurprisingly, her personal assets amounted to much less than $45 million. The federal government sought to freeze the use of her assets not traceable to the fraud. She wanted to use them to hire an attorney.

The question in Luis v. United States is whether not allowing a criminal defendant to use assets not traceable to a criminal offense to hire counsel of choice violates the Sixth Amendment’s right to counsel.  

Taylor v. Barkes could have been a significant qualified immunity case. Prison officials asked the Supreme Court to resolve a circuit split over whether supervisors can be liable for constitutional violations caused by their failure to supervise. The Court “expess[ed] no view” on the vitality of supervisory liability instead concluding no clearly established constitutional right was implicated in this case.  

In a per curiam (unauthored) opinion the Court granted two prison officials qualified immunity related to an inmate’s suicide reasoning that no precedent at the time of the suicide established that an incarcerated person had a right to proper implementation of adequate suicide prevention protocols. So prison officials could not be liable for failing to supervise the contractor providing suicide screening.

In Foster v. Humphries the Supreme Court will decide whether potential black jurors were purposely excluded in violation of Batson v. Kentucky.

In 1987 Timothy Tyrone Foster, who is black, was sentenced to death for murdering an elderly white woman. The jury was all-white; the prosecutor peremptorily struck all four prospective black jurors.  Prosecutors may strike a number of jurors for any unstated reason except because of race and sex, the Supreme Court has held.

In Kingsley v. Hendrickson the Supreme Court will specify the standard for determining what amount of force used against a pretrial detainee is excessive.  The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing that the same or similar standard should apply to excessive force claims brought by pretrial detainees and post-conviction detainees. 

To date, the Supreme Court’s docket for next term has less than ten cases.  Two of them involve the death penalty.  Combined, they raise at least three issues.   

It is difficult to know what issues the Court will decide in Hurst v. Florida.  In his certiorari petition Timothy Lee Hurst asked the Court to decide at least six issues.  The Court combined and shortened Hurst’s questions presented to address whether Florida’s death penalty sentencing scheme violates the Sixth (right to a jury trial) and Eighth (no cruel and unusual punishment) Amendments.    

CSG Midwest
For criminal offenders released from prison or jail, a “second chance” for them often begins with the ability to find employment. But many obstacles can stand in the way of a successful job search. Removing some of those barriers is the goal of bills passed over the past few years in several of the Midwest’s legislatures.
 
CSG Midwest
No death-row inmates will be executed in Ohio this year, as the state transitions to a new mix of lethal drugs to put people to death. The Department of Rehabilitation and Correction, which made the announcement in January, had previously planned to execute six people in 2015.
 

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