The recent U.S. Supreme Court decision upholding the lethal injection protocol in Oklahoma could indirectly affect Tennessee, where execution procedure will be questioned during a trial that will determine whether Tennessee's lethal injection protocol, as it is written now, is constitutional. More than 30 condemned inmates filed a lawsuit against state Department of Correction leaders in 2013.
In this article in The Tennessean, Mark Fulks, who handled death penalty cases during previous work as an assistant attorney general, said the Supreme Court ruling could change how attorneys proceed in the Tennessee case.
"To prevail, the plaintiffs (inmates) will have to prove that the lethal injection protocol creates a demonstrated risk of severe pain and that the risk is substantial when compared to the known and available alternatives," Mr. Fulks said.
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