A political party cannot be all things to all people. It must represent certain fundamental beliefs which must not be compromised to political expediency or simply to swell its numbers. — Ronald Reagan

No_Mike_Rounds_bn

Constitutionality of South Dakota’s Lethal Injection Protocol Upheld

February 28, 2013   ·   By   ·   0 Comments

gavelFOR IMMEDIATE RELEASE : Thursday, February 28, 2013
CONTACT: Sara Rabern (605)773-3215

PIERRE, S.D.- Today Judge Thomas Trimble of the Seventh Circuit Court in Pennington County issued an opinion rejecting Charles Russell Rhines’ constitutional challenge to South Dakota’s method of execution protocol. Rhines is on death row for the 1992 murder of Donnivan Schaeffer in Rapid City.

Rhines filed a habeas corpus action claiming that South Dakota’s protocol violated constitutional prohibitions against cruel and unusual punishment. Rhines alleged that he faced a substantial risk of pain because the protocol did not assure that the lethal drug would be sufficiently potent or properly administered.

The Trial Court found that South Dakota’s protocol, which is modeled on one approved by the United States Supreme Court, does not pose a risk of unconstitutional pain and suffering. “Lethal injection is the most humane manner of implementing the death penalty,” the Court wrote in its opinion. The Court concluded that “South Dakota’s lethal injection protocol is substantially similar to, and in many respects more protective than” the protocol approved by the United States Supreme Court and, therefore, is “constitutional on its face.”

South Dakota currently uses a single dose of pentobarbital to carry out executions. This protocol was used in the October 2012 executions of Donald Eugene Moeller and Eric Donald Robert, that were witnessed by the media.

“The Court’s decision affirms that the state has taken precautions in drafting and implementing its lethal injection protocol to assure that it meets constitutional requirements,” said Jackley. “Today’s decision is an important step forward in carrying out the jury and court’s decision and holding Charles Rhines accountable for his horrific actions from over 20 years ago.”

Rhines can appeal Judge Trimble’s decision to the South Dakota Supreme Court and then to the federal courts.


This article is printed with the permission of the author(s). Opinions expressed herein are the sole responsibility of the article’s author(s), or of the person(s) or organization(s) quoted therein, and do not necessarily represent those of American Clarion or Dakota Voice LLC.

Comment Rules: Please confine comments to salient ones that add to the topic; Profanity is not allowed and will be deleted; Spam, copied statements and other material not comprised of the reader’s own opinion will be deleted.


Similar Posts:

Newswire articles originate from a variety of sources including wire services, press releases and more. Newswire pieces are written by a representative of the person or organization that is the subject or source of the article and are presented as informational statements about the subject discussed.
Newswire
View all articles by Newswire
Leave a comment with your Facebook login
Print Friendly

Readers Comments (0)


Sorry, comments are closed on this post.

Featured Articles

Barack Obama and Ted Kennedy (Photo credit: Sage Ross)

EB-5 Program a Ted Kennedy Brainchild

Bob Ellis

The EB-5 "cash-for-visas" program has generated a lot of controversy and discussion in South Dakota over the past couple of years. Did you know the EB-5 program that some "Republicans" have embraced was created by a Democrat Ted Kennedy bill?

Finney_church_politics

False Prophets Setting America at War with God

Bradlee Dean

We can see in America today that the church is countering their very purpose on this earth. Rather than the light reproving the darkness (Ephesians 5:11), we now have the church spreading the darkness as they attempt to put out the light.

restaurant

The Entrepreneur and Liberty

Bob Ellis

If you are a regular reader of American Clarion, odds are that you will listen to what this woman says and have a "Duh!" reaction. After all, for most of America's history, virtually all Americans understood the things she says almost instinctively.

Emblem of the Islamic_State in Iraq and Sham (Source: Wikimedia Commons)

Shifting Sands and Mirages

Victor Sharpe

The Commander in Chief of the USA has been dithering and having endless fun on the golf course while a Sunni horde of jihadists and savages in the Middle East has been allowed to swell its numbers to 35,000 with more joining every week. At the same time, and in direct consequence to the deeply suspicious procrastination of President Obama, the Muslim head choppers who comprise the so-called Islamic State (IS) have seized a massive 144,000 square kilometers of Middle Eastern land from Raqqa in the north of Syria as far as north west of Baghdad in Iraq.

Good_Liberal_Samaritan_f

The Good Liberal Samaritan

Bob Ellis

Liberals: their priorities are always straight...like government health care's priorities are always straight.

Archives




"We don't intend to turn the Republican Party over to the traitors in the battle just ended. We will have no more of those candidates who are pledged to the same goals as our opposition and who seek our support. Turning the party over to the so-called moderates wouldn't make any sense at all." - Ronald Reagan, Nov. 10, 1964