A federal judge in Delaware extended a stay on all executions in the state on May 15, 2008, pending an evidentiary hearing scheduled for June. One execution in Delaware was stayed by the same judge, District Court Judge Sue L. Robinson (pictured), in May 2006, pending a determination of the constitutionality of the state’s use of lethal injection. In 2007, the impact of the eventual ruling in that case was extended to all of the state’s death row inmates. The stay of execution was prompted by a class action lawsuit by all of Delaware’s 19 death row inmates contending that lethal injection violates a constitutional ban on cruel and unusual punishment. Judge Robinson refused to resolve the suit on summary judgment, stating, “This is a fact-specific…life and death case.” She added that she would not decide the case “on a stack of papers” and wanted to hear from experts before making her ruling.

Deputy Attorney General Elizabeth McFarlan objected to this second stay, citing the U.S. Supreme Court’s April ruling that Kentucky’s use of lethal injection did not violate the Constitution. Michael Wiseman of the Philadelphia Federal Community Defender’s office attorney disagreed with McFarlan’s contention that Kentucky and Delaware’s procedures are “almost identical.” In comparing the two states’ policies, he cited a number of differences that could lead to unnecessary and unconstitutional pain and suffering and added that Delaware has a history of not following execution policies as written. The Delaware ruling was first put on hold when the U.S. Supreme Court accepted the Kentucky case for review. The new pre-trial hearing is set for June 23 and the evidentiary hearing is expected to last about four days.
(S. O’Sullivan, “Judge continues death penalty stay for Del.,” May 15, 2008). See Lethal Injection.