STEPHEN MICHAEL WEST, ET AL. v. DERRICK SCHOFIELD, in his official capacity, ET AL. - Articles

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Posted by: Tanja Trezise on Apr 12, 2012

Court: TN Court of Appeals

Attorneys 1:

Stephen M. Kissinger and Stephen A. Ferrell, Knoxville, Tennessee, and Roger W. Dickson, Chattanooga, Tennessee, for the appellant, Stephen M. West.

Attorneys 2:

C. Eugene Shiles, Jr., and Howell G. Clements, Chattanooga, Tennessee, for the appellant, Billy Ray Irick.

Robert E. Cooper, Jr., Attorney General and Reporter, William E. Young, Solicitor General, and Mark A. Hudson, Senior Counsel, for the appellee, Derrick Schofield, in his official capacity.

Judge(s): FARMER

Plaintiffs filed an action for declaratory judgment and injunctive relief, asserting the lethal injection protocol used to carry-out the death penalty in Tennessee violated constitutional prohibitions against cruel and unusual punishment. The trial court entered judgment in favor of Plaintiffs. While the matter was pending in the Tennessee Supreme Court, the State revised the protocol. The supreme court remanded the matter for further proceedings. The trial court entered judgment in favor of the State. We affirm.