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Full Appeals Court Will Hear Challenge Of State Lethal Injection Protocol

The full 6th U.S. Circuit Court of Appeals in Cincinnati will re-examine Ohio's new and twice-rejected lethal injection protocol. A three-judge panel this month sided with a judge who deemed the proposed use of midazolam unconstitutional. Attorneys for death row inmates are challenging the effectiveness of midazolam. The state, which had urged the full court not to consider the case, says the U.S. Supreme Court has upheld the use of the sedative.

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