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LINCOLN (AP) — Nebraska death penalty supporters got a sign from Arkansas on Monday that a proposed lethal-injection protocol might withstand a court challenge if OK'd, as expected, by the governor.
The 8th U.S. Circuit Court of Appeals upheld Arkansas' lethal injection protocol, saying they concluded that “it is designed to avoid the needless infliction of pain, not to cause it.”
The 8th Circuit covers Nebraska, as well as Arkansas, Iowa, Minnesota, North Dakota and South Dakota. Its rulings set precedent for courts in those states.
The three-drug protocol in Arkansas is similar to the one expected to be approved by Nebraska Gov. Dave Heineman.
“We're confident of the constitutionality of Nebraska's lethal-injection protocol, and this ruling reinforces that confidence,” said Allen Forkner, spokesman for Attorney General Jon Bruning.
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