Sotomayor's Barbed Dissent in Death Penalty Case Charges 'Rush to Execute'
"If the law permits this execution to go forward in spite of the horrific final minutes that [Billy Ray] Irick may well experience, then we have stopped being a civilized nation and accepted barbarism. I dissent," Sotomayor wrote.
August 09, 2018 at 04:33 PM
4 minute read
Justice Sonia Sotomayor, sharply dissenting from an execution order on Thursday, said if the law allowed a Tennessee inmate to die despite evidence of “horrific” pain during the process, the United States has “stopped being a civilized nation and accepted barbarism.”
Sotomayor criticized an unsigned order that denied a stay of execution to Billy Ray Irick. The inmate had challenged the three-drug cocktail the state planned to use in the Thursday night execution. He argued the drugs would result in excruciating torture before killing him.
Medical experts during a 10-day trial testified that the drug cocktail would cause “sensations of drowning, suffocating, and being burned alive from the inside out,” Sotomayor said. “In theory, the first drug in the three-drug protocol, midazolam, is supposed to render a person unable to feel pain during an execution. But the medical experts who testified here explained that midazolam would not work, and the trial court credited that testimony,” she added.
Because of the “rushed context” of Irick's emergency application for a stay, the trial record was not before the justices, according to Sotomayor. And, she wrote: “Given the precipitous pace of proceedings, the Tennessee Supreme Court rendered its decision on Irick's motion to vacate without the benefit of the pleadings, trial transcripts, or exhibits on which the trial court relied in reaching its decision.”
Sotomayor said she would grant Irick's stay request to allow the state courts more time to consider his claims. Irick was sentenced to death for raping and killing a 7-year-old girl named Paula Dyer.
“In refusing to grant Irick a stay, the court today turns a blind eye to a proven likelihood that the state of Tennessee is on the verge of inflicting several minutes of torturous pain on an inmate in its custody, while shrouding his suffering behind a veneer of paralysis,” she wrote. “I cannot in good conscience join in this 'rush to execute' without first seeking every assurance that our precedent permits such a result.”
The trial court ruled against Irick and 32 other inmates challenging the drug protocol after finding Irick had not proven that a less painful method of executing him was available to the state and that, even assuming an alternative was available, the U.S. Supreme Court would not find the three-drug cocktail sufficiently cruel to violate the Eighth Amendment.
The “less painful alternative” was a new requirement imposed by the high court in Glossip v. Gross, a 5-4 decision by Justice Samuel Alito Jr. Sotomayor described the requirement as “perverse” in making inmates offer alternative methods for killing themselves. Irick claimed he raised two different alternative methods in the trial court.
Sotomayor, with Justice Stephen Breyer, often has raised questions about the application of the death penalty. In 2016, Sotomayor wrote a lengthy dissent that said the court should have further examined whether a Washington state defendant's lawyer provided effective assistance.
Sotomayor's dissent is posted here:
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGC Pleads Guilty to Embezzling $7.4 Million From 3 Banks
Financial Watchdog Alleges Walmart Forced Army of Gig-Worker Drivers to Receive Pay Through High-Fee Accounts
Trending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250