Wendy Kelley

Summary

Justice Wynne concurred in part and dissented in part, concluding that the appellees had presented sufficient evidence to create a triable issue concerning whether the challenged lethal-injection method posed a substantial risk of severe pain compared with available alternatives. He also would have held that portions of the statute's confidentiality provisions violated the Arkansas Constitution because the constitutional publication requirement could not be satisfied by disclosure only after a protective order. Justices Hart and Danielson separately dissented, asserting respectively that the appeal was inadequately preserved or should permit further pleading, and that the court lacked jurisdiction.