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Appeals court refuses to stop Biros' execution

Published: Fri, December 4, 2009 @ 2:13 p.m.

COLUMBUS, Ohio (AP) — A federal appeals court has refused to stop Tuesday's execution of an Ohio inmate who could be the first in the nation put to death with a single lethal injection drug.

The 6th U.S. Court of Appeals in Cincinnati on Friday turned down Kenneth Biros' request to have the full court hear his challenge of Ohio's injection system.

A three-judge panel of the court ruled last week that the execution could proceed because the state adopted a new method that Biros had not previously challenged.

The full court upheld that decision Friday, but Biros has already filed a formal challenge of the new process and asked for an emergency delay.

A federal judge in Columbus planned a hearing on Biros' latest challenge Friday and it's possible, depending on his decision, the issue could return to the appeals court.


1justmyopinion(4 comments)posted 5 years, 11 months ago

After reading todays article in the Vindy. I just had to register and voice my opinion. I am so sick and tired of hearing about poor Kenneth Biros. He thinks that being the recipient of one lethal dose is cruel and unusual punishment. He describes one lethal dose as experimental, not previously used in the U.S. nor any other civilized country. And to top it off the newpaper article states that Biros is concerned that the method "will not result in the dignified, humane, quick, and painless death that is required by the federal and state constitutions." Give me a break. Well we're going to find just that out! He will be the first. It's about damn time. Since when should he have a say so! Did Tammy Engstrom have a say so in what he did to her. Was not dismembering her cruel and unusual punishment? Maybe we should dismember him and spead him around Ohio and Pennsylvania. Be done with him.

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