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Ohio inmate: Lethal drugs violate fed prescription drug law



Published: Thu, April 8, 2010 @ 11:00 a.m.

COLUMBUS (AP) — An Ohio inmate scheduled to die April 20 is arguing that the state’s use of lethal injection drugs violates federal prescription drug law.

Death row prisoner Darryl Durr on Wednesday asked U.S. District Judge Michael Watson in Columbus to act quickly to hear Durr’s claim that administering the drugs in executions is illegal.

Durr’s lawsuit, filed Monday, argues the use of the drugs violates the federal Controlled Substances and Food & Drug acts.

Durr says those laws prohibit the use of drugs such as lethal injection chemicals without a doctor’s prescription.

The U.S. Supreme Court rejected a similar argument 25 years ago, but Durr believes he’s raising new issues.

He was sentenced to die for raping and strangling 16-year-old Angel O’Nan in 1988.


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