Hospira, the manufacturer of the drugs used in lethal injection, has sent a letter to the Department of Corrections in every state, indicating the company opposes the use of its products in capital punishment.
Archive for September, 2010
The Arizona Supreme Court has issued a warrant for the execution of Jeffrey Landrigan. The execution is currently scheduled for October 26, but the state has been ordered to inform the Court by October 1 whether they are able to obtain sufficient quantities of the lethal injection drugs. If the state cannot obtain the drugs, the Court may issue a stay. Arizona has not executed a death row inmate since 2007.
This morning the 9th Circuit denied relief in Towery v. Schriro. The district court had certified one issue, prosecutorial misconduct, and the court of appeals certified two additional issues, judicial bias and ineffective assistance of counsel. The court of appeals denied the prosecutorial misconduct claim on the merits, judicial bias on procedural grounds, and IAC on the grounds that the state court denial of relief was not objectively unreasonable under AEDPA.
The Arizona Supreme Court granted the state’s motion today for a warrant of execution in Mr. Landrigan’s case. The FPD expects the actual warrant with dates to be issued tomorrow. Please visit the FPD’s website to get up to speed on the Landrigan litigation. www.fpdaz.org/CHU-Landrigan.html. Currently, there is a nationwide shortage of the lethal injection drug sodium theopental. The Court has indicated Mr. Landrigan may request a stay of execution if the state is unable to procure the drug within the time frame set by the execution warrant.
The ABA has issued an ethics opinion regarding defense counsel’s disclosure of privileged information to a prosecutor in response to a former client’s claim of ineffective assistance of counsel. The ABA concludes that although an IAC claim “ordinarily waives the attorney-client privilege with regard to some otherwise privileged information…it is highly unlikely that a disclosure in response to a prosecution request, prior to a court-supervised response by way of testimony or otherwise, will be justifiable.”