JACKSON v. DANBERG

Nos. 09-1925, 09-2052.

594 F.3d 210 (2010)

Robert W. JACKSON, III v. Carl C. DANBERG, Commissioner, Delaware Department of Correction; Thomas L. Carroll, Warden, Delaware Correctional Center; Bureau Chief Paul Howard, Delaware Bureau of Prisons; Other Unknown State Actors Responsible for and Participating in the Carrying Out of Plaintiff's Execution, all in their Individual and Official Capacities Robert W. Jackson, III, individually and on behalf of the Certified Class, Appellant.

United States Court of Appeals, Third Circuit.

Filed: February 1, 2010.


Attorney(s) appearing for the Case

Helen A. Marino, Maria K. Pulzetti, Michael Wiseman (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, West Philadelphia, PA, Attorneys for Appellants.

Elizabeth R. McFarlan, Loren C. Meyers, Marc P. Niedzielski (Argued), Gregory E. Smith, Department of Justice, Wilmington, DE, Attorneys for Appellees.

Before FISHER, HARDIMAN and VAN ANTWERPEN, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal, brought by a class of inmates sentenced to death by the State of Delaware, presents two main questions for our review. First, we must decide how to interpret the Supreme Court's highly splintered opinion in Baze v. Rees, 553 U.S. 35, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008), which upheld Kentucky's lethal injection protocol against a challenge under the...

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