Wendy Kelley

Summary

Justice Hart's dissent argues that the majority should not have reached the constitutional issues because the appellants failed to challenge the circuit court's denial of their motion for a protective order, an independent basis for requiring disclosure. She also contends that the complaint adequately pleaded the execution-method challenge and that any factually insufficient dismissal should have been without prejudice and with leave to amend. Justice Danielson, dissenting, would dismiss for lack of appellate jurisdiction, while Justice Wynne, concurring in part and dissenting in part, would remand the execution-method claim and invalidate portions of the confidentiality provisions.