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State's death penalty protocol ruled unconstitutional

By Andrew Wolfson, Louisville Courier Journal

A Kentucky judge has struck down the state's death penalty protocol as unconstitutional because it does not explicitly prohibit the execution of prisoners with intellectual disabilities.

Ruling on a motion brought by a dozen inmates on death row, Franklin Circuit Judge Phillip Shepherd ruled Tuesday that the regulation is invalid because it doesn't automatically suspend an execution when the state corrections department's internal review shows a condemned person has an intellectual disability. Granting a motion filed by the Department of Public Advocacy, Shepherd said the state's rules are flawed because they would allow a prisoner with intellectual disabilities to be executed if he or she declines further appeals.

Read more: courier-journal.com.




This story was posted on 2019-07-03 17:04:34
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