Southeast Ohio District Court continues lethal injection protocol case

District Court Judge Gregory Frost allowed the inclusion of six more death row inmates to the pending Cooey v. Taft lawsuit challenging the state of Ohio’s lethal injection protocol last Monday.

Nicely summarized on the Ohio Death Penalty Information’s website yesterday (June 26th.), the case’s recent history begins with a three-judge Sixth Circuit Court of Appeals order back in March to dismiss the case because of a statute of limitations violation. A split-vote by the full 6th. Circuit bench on June 13th. denied reconsideration. The Sixth Circuit decisions have been submitted for appeal to the Ohio Supreme Court, with the Sixth Circuit “staying its mandate” for now.

The District Court of Southeast Ohio, though, is proceeding with the case. Judge Frost’s combined order & opinion includes his discussion of the statute of limitation issue along with an explanation of his reasoning to continue the case pending the Supreme Court’s resolution of the matter.