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 protect the identities of lethal-injection drug manufacturers merely because manufacturers sell or supply the drugs. It affirmed the order requiring disclosure of the midazolam package inserts and labels but held that information capable of identifying downstream sellers or suppliers, including lot, batch, and control numbers, must be redacted. Justice Womack, joined by Justice Wood, and Chief Justice Kemp, joined by Justice Wynne, separately concurred in part and dissented in part on the scope of disclosure and the manufacturers issue.