(DOWNLOAD) "Cooey v. Strickland" by Tenth Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Cooey v. Strickland
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 02, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Richard Cooey, an Ohio inmate under sentence of death, filed this action against Ted Strickland, Governor, Terry J. Collins, Director, and E. C. Voorhies, Warden (collectively "Defendants" or "State") pursuant to 42 U.S.C. § 1983, challenging the constitutionality of Ohios lethal injection protocol. The issues before us in this interlocutory appeal are (1) whether a death row inmates claim against lethal injection itself--as opposed to a precursor procedure--is properly considered to be a habeas action or one brought pursuant to 42 U.S.C. § 1983, (2) whether a death row inmates § 1983 method-of-execution challenge accrues, for statute of limitations purposes, when execution is imminent or at some earlier stage in state and federal proceedings, and (3) whether res judicata is a bar to a death row inmates claim concerning the means and methods of execution when similar issues were raised, or the specific claim could have been raised, in a previous habeas action.
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