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Criminal Law Keyed to Ohlin
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Glossip v. Gross
Citation:135 S. Ct. 2726 (2005)
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Petitioner was sentenced to death in the state of Oklahoma. He appealed, arguing that the method of execution now used by the state violates the Eighth Amendment because it creates an unacceptable risk of severe pain.
He argued that midazolam, the first drug employed in the state’s current three-drug protocol, fails to render a person insensate to pain. After holding an evidentiary hearing, the District Court rejected the argument and held that he failed to prove that the drug is ineffective. The Court of Appeals for the Tenth Circuit affirmed.
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