Appeals court throws out suit challenging lethal injection method in Ohio

[struggle4progress]

The Associated Press
Published: March 2, 2007

... The lawsuit was filed in 2004 by Richard Cooey, who was sentenced to die for raping and killing two Ohio college students in 1986. It did not seek to reverse Cooey's conviction or sentence.

Eight other Ohio death row inmates have joined the lawsuit, although two have been executed after failing to obtain stays of execution.

The suit, which claims that Ohio's method of lethal injection is cruel and unusual punishment, was heard by a three-judge panel Dec. 7. In Friday's ruling, the 6th U.S. Circuit Court of Appeals sent the case back to a lower court with instructions to dismiss the complaint on the grounds that Cooey has used an improper test for establishing the starting date for the time limit on challenges ...

http://www.iht.com/articles/ap/2007/03/02/america/NA-GEN-US-Death-Penalty-Lawsuit.php