Supreme Court of Arkansas

Arkansas Department of Correction and Wendy Kelley

November 2, 20172017 Ark. LEXIS 266

Summary

The court held that the Method of Execution Act does not make the identities of drug manufacturers confidential and therefore affirmed the order requiring disclosure of the midazolam package inserts and labels to that extent. It also held that lot, batch, and control numbers must be redacted because they may identify protected sellers or suppliers, and remanded for the circuit court to determine the required redactions. Chief Justice Kemp, joined by Justice Wynne, would have affirmed disclosure without remand, while Justice Womack, joined by Justice Wood, would have treated manufacturers as protected sellers or suppliers and reversed the disclosure order.