The Arkansas Supreme Court today refused to rehear the case denying Death Row inmates information about drugs used by the state in the lethal injection process.

But the court did issue an order delaying issuance of the mandate in the case so that prisoners may take an appeal to federal court.

Advertisement

The court split 4-3 as before on the question of access to drug information, with Justices Paul Danielson, Robin Wynne and Jo Hart willing to grant a rehearing.  As Ernie Dumas’ column notes this week, this firmly establishes a precedent for the legislature to override the state Constitution’s requirement that all public expenditures be disclosed. A 2015 law blocked public access to information about killing drugs.

In a separate order, the court delayed the issuance of a mandate. Once the mandate is issued, the door is open for the state to again set execution dates, so far stymied by this challenge to the question of whether dependable drugs are being used in the three-drug execution protocol. As it stands, the state has drugs on hand, from unknown sources, sufficient to execute eight inmates and they will not expire before the end of this calendar year. Should a U.S. Supreme Court decision on this case not occur by the end of the year, the state will again be faced with a new problem of obtaining drugs. Legitimate suppliers don’t want to be associated with supplying drugs for killing.

Advertisement

Justices Courtney Goodson, Karen Baker and Rhonda Wood voted to deny a stay in issuance of the mandate. They and Chief Justice Howard Brill constituted the majority on overriding the Constitution and holding that the inmates couldn’t prove a claim of the potential for cruel and unusual punishment in use of drug from an unknown supplier. Brill joined three other justices in staying the mandate.

The court’s decision came in a four-sentence per curiam order.

There are 34 men on Arkansas Death Row, with convictions dating back to 1989. The last execution in the state was in 2005.

Advertisement

Jeff Rosenzweig, attorney for Death Row inmates, declined comment beyond saying they would file a timely petition for review by the U.S. Supreme Court.

Help to Keep Great Journalism Alive in Arkansas

Join the fight for truth and become a subscriber of the Arkansas Times. We've been battling powerful forces for 50 years through our tough, determined, and feisty journalism. With over 63,000 Facebook followers, 58,000 Twitter followers, 35,000 Arkansas blog followers, and 70,000 daily email blasts, our readers value great journalism. But we need your help to do even more. By subscribing and supporting our efforts, you'll not only have access to all of our articles, but you'll also be helping us hire more writers to expand our coverage. Together, we can continue to hold the powerful accountable and bring important stories to light. Subscribe now or donate for as little as $1 and be a part of the Arkansas Times community.

Previous article Checking in with Hard Pass Next article Tom Cotton bobs and weaves on Donald Trump