In her opinion in Chester v. Beard, PICS No. 09-1654 (M.D. Pa. Sept. 28, 2009) Kane, J. (19 pages), Chief U.S. District Judge Yvette Kane of the Middle District of Pennsylvania found that the splintered decision from the Supreme Court in Baze v. Rees, a case from Kentucky, cannot be read to foreclose the Pennsylvania suit.
“The factual grounding of Baze, and its specific review of Kentucky’s particular death-penalty program, caution against applying unquestioningly its result to any other case in which an inmate challenges a death-penalty protocol that uses the same three drugs that Kentucky utilizes,” Kane wrote.
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