Ray Hobbs

Summary

The court reversed the circuit court’s ruling that Act 139 unconstitutionally delegated legislative authority by giving the ADC discretion to select a barbiturate for lethal injection. It held that the statute supplies reasonable guidelines concerning the method, drug class, dosage, sequence, equipment, and legislative policy, and therefore does not violate separation of powers. The court also affirmed that Act 139 is not a sentencing statute and may govern executions occurring after its enactment. Justice Wynne, joined by the Chief Justice and Justice Danielson, concurred in the retroactivity ruling but would have affirmed the separation-of-powers judgment because the statute does not adequately guide selection among materially different barbiturates.