Now, in addition to trying to kill death row inmates, the State of Louisiana is additionally suing them all also.
To head off challenges to Louisana's death sentence execution protocols under her Administrative Procedure Act, the State is suing every death row inmate to bind them to a declaratory judgment that death penalty procedures are not subject to the act. Louisiana authorities filed their countersuit after death row convict Nathaniel Code challenged challenged Louisiana's procedures as inconsistent with the Act. Some states have held that death procedures have to go through administrative procedures such as rule postings, public comment periods, hearings, etc.; others have not.
Texas prison prosecutors brought a marijuana possession charge against a death row inmate. People at the prison public defender's office there marvelled at the bureaucratic mind. Putting them to death was not enough, they had to be prosecuted for pot, too.
Hat tip to Hon. Craig Estlinbaum of Adjunct Law Profs Blog for this.
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