Ray Hobbs

Summary

Justice Wynne concurred in the majority's analysis of the cross-appeal but dissented from its conclusion that the 2013 Method of Execution Act cured the separation-of-powers defects previously identified in the execution statute. In her view, the Act still delegated to the Department of Correction unfettered discretion to select the particular barbiturate and determine essential execution procedures without adequate legislative standards. She would therefore have affirmed on direct appeal.