Skip to main content

Suit over Arizona Execution procedures dismissed

Arizona Death Chamber
A lawsuit challenging how Arizona conducts executions has been dismissed in the wake of the state changing procedures that drew objections from lawyers for death-row inmates.

The changes include using one execution drug instead of the 3-drug mix that the state has used for nearly 3 decades, and allowing witnesses to watch the execution team insert injection lines into the condemned prisoner.

Lawyers for the state and inmates on Wednesday jointly asked a U.S. District Court judge to dismiss the suit, and he promptly did so.

The suit was filed in February, but it followed years of litigation concerning some of the same concerns that inmates could be subjected to pain and suffering in violation of the constitutional protection against cruel and unusual punishment.

The request to dismiss the latest suit has been in the works for about a month as lawyers for the inmates reviewed changes that the state made to its protocol in September and consulted their clients.

"Because these matters have been addressed and the changes bring more transparency to the execution process, it's time for this litigation to end," said Dale Baich, a federal public defender helping represent death-row inmates who sued.

Kent Cattani, the state's top criminal appeals lawyer, said the state believes its execution protocol was constitutional even before making what he called "minor changes."

"It remains constitutional and this demonstrates the plaintiffs agree with that assessment," the prosecutor said.

Like some other death-penalty states, Arizona this year began using 1 execution drug, and the current protocol specifies that's now the chosen procedure. It says that 1 of 2 sedatives will be used to kill the inmate, unless an inmate and his lawyers are told in advance that a different drug will be used.

Inmate attorneys had criticized the three-drug mix, saying there was a possibility that the sedative would not work properly. They said an inmate could regain consciousness but be paralyzed and unable to communicate while undergoing a painful death when another drug stops his heart.

Arizona this year also began allowing execution witnesses to observe the insertion of injection lines, and that's now included in the protocol.

Witnesses typically include relatives and attorneys of the condemned man, relatives of the victim, journalists and law enforcement officials.

Inmate attorneys had complained that insertions in the groin area could be painful and that insertions into the prisoner's arms should be used instead. The protocol leaves it up to the officials where to make insertions, but specifies that a groin-area insertion be used only if the person that that type of line is licensed or certified to do that procedure.

"When the process was going on behind the curtain, we had no idea what was really happening back there," Baich said.

Other changes included in the current protocol deal with qualifications of the medical personnel participating in the execution and with providing time for inmates to meet with their lawyers during the 24 hours before executions.

Cattani said inmates have been provided time with their lawyers and that practice is now in writing. He said the change on medical personnel set a standard that should avoid further questioning that ends up being hashed out in court.

A federal judge ruled last December in a previous case that the state's procedures in place at the time didn't violate inmates' constitutional rights, but inmates' lawyers complained that previous assurances provided by the state hadn't proven to be reliable.

The state contended that the allegations by inmate attorneys hadn't resulted in any proof that inmates were actually subjected to substantial risks, whether from drugs or procedures used.

Corrections Director Charles Ryan testified in a previous lawsuit that it was enough that the warden was in the injection room and could alert the injection team to any problems, while a sheet draped over a sheet draped over most of the inmate's body blocked it from the view of witnesses in an adjacent room.

Arizona has executed 33 inmates since resuming capital punishment in 1992, all but 1 by injection.

Arizona has executed 5 men so far this year, most recently Daniel W. Cook on Aug. 8 for 2 murders committed in Lake Havasu City.

No executions are currently scheduled, but prosecutors have asked the Arizona Supreme Court to schedule one for Richard Stokley, convicted of 2 murders in Cochise County.

Source: Associated Press, October 25, 2012

Most viewed (Last 7 days)

Florida executes Billy Kearse

Florida executes man who killed Fort Pierce police officer during 1991 traffic stop Moments before receiving a lethal injection, Billy Kearse asked for forgiveness from the family of Danny Parrish, whose widow said she found peace after a "long, long 35 years.” A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop was executed Tuesday evening, becoming the third person put to death by Florida this year after a record 19 executions in 2025.

Florida Cop-killer Billy Kearse set to be executed today

A man who confessed to fatally shooting Fort Pierce Police Officer Danny Parrish with his own service weapon during a 1991 traffic stop is scheduled to be executed starting at 6 p.m. March 3, barring a last-minute stay. Billy L. Kearse, 53, will be the third person put to death by the state this year, just one week after the execution of Melvin Trotter, who was convicted of first-degree murder and sentenced to death for strangling and stabbing Virgie Langford in Palmetto in 1986. The Florida Supreme Court on Feb. 12 denied a motion for a stay of execution and a motion for an extension due to the fading health and death of the father of Kearse's attorney. Attorneys for Kearse have filed a motion with the U.S. Supreme Court to stop the execution, citing violations of the Sixth, Eighth and 14th Amendments of the United States Constitution.

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Prosecutors seek death penalty in 2 Georgia cases

AUGUSTA, Ga. (WRDW/WAGT) - Prosecutors are seeking the death penalty in two separate Georgia criminal cases. One involves the killing of a Gwinnett County police officer and another is over the death of a 4-year-old girl in Hall County . Kevin Andrews is charged in the death of 25-year-old Gwinnett County Police Officer Pradeep Tamang, who was shot and killed while investigating a credit card fraud case. Authorities said Andrews had an outstanding warrant and shot at officers without warning. Another officer, David Reed, was seriously injured.

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....

Florida executes Melvin Trotter

The execution of Melvin Trotter for the murder of 70-year-old Virgie Langford in 1986 comes as Supreme Court Justice Sonia Sotomayor questions Florida's 'deeply troubling' lethal injection record. Florida has executed its second inmate of the year even as a Supreme Court justice questioned the state's “deeply troubling" record on lethal injections and how it "shrouds its executions in secrecy."  Melvin Trotter, 65, was executed by lethal injection on Tuesday, Feb. 24, for the 1986 murder of 70-year-old Virgie Langford, a mother of 4 who was on the verge of retirement when she was stabbed to death in the corner grocery store that she owned for five decades. Trotter was pronounced dead at 6:15 p.m. ET. 

Oklahoma Ends Indefinite Death Row Solitary Confinement

Every year, thousands of prisoners in the U.S. are placed in solitary confinement, where they endure isolation, abuse, and mental suffering . This practice might soon become rarer for some inmates in Oklahoma, thanks to the efforts of activists in the state. Earlier this month, the American Civil Liberties Union (ACLU) of Oklahoma announced that the Oklahoma State Penitentiary in McAlester had ended the practice of indefinite solitary confinement for "the vast majority" of death row prisoners.

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.