Maryland​’s high­est court has ruled that the state’s adop­tion of its lethal injec­tion pro­to­cols is sub­ject to the state’s Administrative Procedures Act, and it halt­ed all exe­cu­tions until the pro­to­cols are prop­er­ly reviewed. This deci­sion may require prison offi­cials to con­duct hear­ings on the lethal injec­tion pro­ce­dures in a forum open to the pub­lic for com­ment. The Maryland Court of Appeals rul­ing comes just days after exe­cu­tions in California and Florida were halt­ed amid con­cerns that lethal injec­tions were being improp­er­ly admin­is­tered in those states.

The Court of Appeals deci­sion hold­ing the cur­rent lethal injec­tion pro­ce­dure to be unlaw­ful came in response to an appeal filed by death row inmate Vernon Lee Evans, Jr., whose February 2006 exe­cu­tion date was delayed so that the court could con­sid­er his legal chal­lenges. The court reject­ed Evans’ claims of inef­fec­tive­ness of coun­sel and racial bias. Evans’ attor­neys are also pur­su­ing a lethal injec­tion chal­lenge in fed­er­al court. Adoption of the lethal injec­tion pro­ce­dure may run into oppo­si­tion from polit­i­cal lead­ers, includ­ing Maryland Governor-elect Martin O’Malley and many leg­is­la­tors, who oppose the death penal­ty.
(Baltimore Sun, December 19, 2006). See DPIC’s Lethal Injection Page.

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