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Tuesday, January 09, 2007

Ind. Decisions - Federal Judge allows Timberlake execution, but has not yet ruled on lethal injection issue

Jon Murray of the Indianapolis Star reports last this afternoon:

A U.S. District Court judge today denied Norman Timberlake a stay of execution and dismissed his claim he should not be executed because he is mentally ill.

In a 10-page written decision, Judge Richard L. Young said Indiana courts handled Timberlake's appeals properly. The judge denied his petition for a writ of habeas corpus. "The Indiana Supreme Court was correct in observing that at this point Timberlake is presumed to be competent to be executed," Young wrote.

Timberlake is scheduled to die by lethal injection Jan. 19. Young still has not ruled in another lawsuit brought by Timberlake that argues Indiana's lethal injection procedures don't prevent an executed inmate from feeling unnecessary pain, constituting cruel and unusual punishment.

Here is a list of earlier ILB entries on Timberlake.

I was unable to find the ruling on the SD Ind. website this evening.

Posted by Marcia Oddi on January 9, 2007 06:51 PM
Posted to Ind Fed D.Ct. Decisions