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BOWLING v. KENTUCKY DEPT. OF CORRECTIONS

No. 2007-SC-000021-MR.

301 S.W.3d 478 (2009)

Thomas C. BOWLING, Ralph Baze and Brian Keith Moore, Appellants, v. KENTUCKY DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Kentucky.

As Corrected January 4, 2010.

Attorney(s) appearing for the Case

David Michael Barron, Department of Public Advocacy, Frankfort, KY, John Anthony Palombi, Montgomery, AL, Counsel for Appellants, Thomas C. Bowling, Ralph Baze and Brian Keith Moore.

John C. Cummings, Jeffrey Thomas Middendorf, Justice and Public Safety Cabinet, Office of Legal Services, Frankfort, KY, Stephen D. Lynn, Justice and Public Safety Cabinet, Office of Legal Services, Richmond, KY, Counsel for Appellee, Kentucky Department of Corrections.

Opinion of the Court by Justice ABRAMSON.

Appellants Bowling and Baze were convicted of murder and sentenced to death in 1991 and 1994, respectively. Each has pursued and exhausted all direct appeals and collateral attacks in the state courts and, jointly, they prosecuted a declaratory judgment action challenging Kentucky's lethal injection protocol on several grounds including the prohibition on cruel and unusual punishment set forth in the Eighth Amendment of the...

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