Faculty Notes Eric M. Freedman, Siggi B. Wilzig Distinguished Professor of Constitutional Rights

Published on February 3, 2015 | by LawNews

Prof. Eric M. Freedman Comments in US News Story on Florida’s Decision Not to Halt Executions

Florida Won’t Follow Ohio and Oklahoma in Halting Executions
By Tierney Sneed
U.S. News & World Report
Feb. 2, 2015


Florida’s Department of Corrections says it has no plans to delay an execution scheduled for later this month, despite other states putting their executions on hold in light of an upcoming Supreme Court review of the constitutionality of certain lethal injection protocols. Florida uses the drug midazolam hydrochloride for lethal injections — the same drug involved in problematic executions in Oklahoma, Ohio and Arizona in recent months.

“The fact that Florida uses midazolam has been forcefully called to the attention of the Florida Supreme Court and if necessary, will be called to the attention of the U.S. Supreme Court,” says Hofstra University law professor Eric M. Freedman, ​who has written about the high court’s history staying executions.

He says there is “as low a probability as anything in the legal system” that Florida’s execution of Jerry Correll — who was sentenced to death for the 1985 murders of his his ex-wife, 5-year-old daughter, mother-in-law and sister-in-law​ — will happen Feb. 26, when scheduled.

“It would be responsible of the Attorney General of Florida not to clutter the courts” with appeals, Freedman says, “but rather make the responsible announcement that it will not seek to execute anyone until the matter is resolved by the Supreme Court.”

Read the full story.

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