Just a few hours short of his scheduled execution, Warren Hill has received a reprieve from the Georgia State Supreme Court while they review the State’s change to a one drug protocol. The AJC’s Bill Rankin reports:
The court said it would decide whether the Department of Corrections’ recent decision to switch its lethal-injection process from three drugs to one violates the state Administrative Procedure Act.
Earlier Monday, a Fulton County judge had expressed frustration the state Supreme Court had yet to decide the issue on the merits. In a ruling from the bench, Superior Court Judge Craig Schwall encouraged the court to issue a substantive ruling on the issue.
The state has contended the change in the lethal-injection procedure was not subject to the Administrative Procedure Act, which requires a 30-day public comment period before a change in procedure is allowed.
This will likely create a delay of a few days, perhaps more if there must be a comment period over the change. I stand by my earlier position that Hill shouldn’t be executed in this case.