Tuesday, May 08, 2007


Workman Appeals Panel Decision and Requests a Stay

Attorneys for Philip Workman have filed an appeal of the 6th Circuit panel's decision to overturn the temporary restraining order placed on the state by U.S. District Court Judge Todd Campbell. In the brief, Workman's attorneys, in my non-legal mind, eviscerate the majority opinion and the state's claims with clear and concise logic. The basic points are:
  1. A Temporary Restraining Order (TRO) is not appealable unless there will be immediate and irreparable harm caused by its remaining in place; executing Philip Workman less than two weeks later than originally planned certainly does not qualify
  2. There is clear and provocative scientific evidence that the lethal injection procedures now being utilized by Tennessee can cause exceptional pain and constitute torture to an executed inmate.
  3. Philip Workman cannot possibly have filed his petition late when he challenged the new protocols within 2 days of their release!

You can read the entire brief here and you can also read the motion filed by Workman's attorneys for a stay of execution.

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