District court's order staying defendant's execution, based on preexisting litigation related to challenges to Ohio's method of execution including challenges stemming from the State's use of a three-drug protocol and its difficulty accessing usable veins in prior executions, is vacated as any challenge to Ohio's three-drug execution protocol is now moot because such procedure will not be utilized on defendant, and no basis exists for continuing the stay previously in effect.
Read Cooey v. Strickland, No. 09-4300
Appellate Information
Decided and Filed: November 25, 2009
Judges
Per Curium Opinion
