A federal appeals court hears arguments Tuesday over the constitutionality of Ohio's lethal injection process as the state hopes to start carrying out executions once again.
The appeal challenges an earlier federal court ruling that Ohio’s three-drug execution protocol is unconstitutional under the cruel and unusual punishment clause of the Eighth Amendment.
The judge cited a sedative used in some problematic executions, and went on to say there were enough issues with all three of the drugs Ohio wants to use to merit the ruling.
Attorneys for Ohio say they've provided plenty of expert testimony that the contested sedative will put inmates into a deep state of unconsciousness.
The 6th U.S. Circuit Court of Appeals in Cincinnati scheduled arguments Tuesday.
Ohio was scheduled to execute convicted killer Ronald Phillips on February 15.
