Chapter FIFTEEN: BROKEN
1 James “Bo” Cochran had been released ... Cochran v. Herring, 43 F. 3 d 1404 ( 11 th Cir.
1995 ).
2 But then a few years later, rates of execution ...“Facts About the Death Penalty.” Death
Penalty Information Center (May 2 , 2013 ), available at http://www.deathpenaltyinfo.org/
FactSheet.pdf, accessed August 31 , 2013.
3 By 2010 , the number of annual executions ... There were 46 executions in 2010
compared to 98 in 1999. “Executions by Year Since 1976 ,” Death Penalty Information
Center, available at http://www.deathpenaltyinfo.org/executions-year, accessed April 29 , 2014.
4 New Jersey, New York, Illinois ... Act of May 2 , 2013 , ch. 156 , 2013 Maryland laws; Act
of April 25 , 2012 , Pub. Act No. 12 - 5 , 2012 Connecticut Acts (Reg. Sess.); 725 Illinois
Comp. Stat. 5 / 119 - 1 ( 2011 ); Act of March 18 , 2009 , ch. 11 , 2009 New Mexico laws; Act
of December 17 , 2007 , ch. 204 , 2007 New Jersey laws.
5 Even in Texas, where nearly 40 percent ... In 2010 , eight people were sentenced to
death in Texas, following a recent trend in the state of eight to fourteen death sentences
per year. In the 1990 s, however, Texas routinely sentenced between twenty-four and forty
people to death each year. “Death Sentences in the United States from 1977 by State and
by Year,” Death Penalty Information Center, available at http://www.deathpenaltyinfo.org/
death-sentences-united-states- 1977 - 2008 , accessed August 31 , 2013.
6 Alabama’s death-sentencing rate ...“Alabama’s Death Sentencing and Execution Rates
Continue to Be Highest in the Country,” Equal Justice Initiative (February 3 , 2011 ),
available at http://www.eji.org/node/ 503 , accesssed August 31 , 2013.
7 The Court ruled unanimously in our favor ... Nelson v. Campbell, 541 U.S. 637 ( 2004 ).
8 Many states were using drugs ... Ty Alper, “Anesthetizing the Public Conscience: Lethal
Injection and Animal Euthanasia,” Fordham Urban Law Journal 35 ( 2008 ): 817.
9 When the news spread that the drugs ... In early 2011 , Hospira, Inc., the sole U.S.
producer of the lethal injection drug sodium thiopental, halted production of the drug due
to concerns of its use in lethal injections. Nathan Koppel, “Drug Halt Hinders Executions
in the U.S.,” Wall Street Journal (January 22 , 2011 ). Similarly, Danish company Lundbeck
stopped selling execution drug pentobarbital to prisons in states that carry out the death
penalty. Jeanne Whalen and Nathan Koppel, “Lundbeck Seeks to Curb Use of Drug in
Executions,” Wall Street Journal (July 1 , 2011 ).10 Drug raids of state correctional facilities ... Kathy Lohr, “Georgia May Have Broken
Law by Importing Drug,” NPR (March 17 , 2011 ), available at http://www.npr.org/ 2011 / 03 / 17 /
134604308 /dea-georgia-may-have-broken-law-by-importing-lethal-injection-drug,
accessed August 31 , 2013 ; Nathan Koppel, “Two States Turn Over Execution Drug to
U.S.,” Wall Street Journal (April 2 , 2011 ), available at http://online.wsj.com/article/
SB 1000 142405274870 380630457623693 1802889492 .html, accessed August 31 , 2013.
11 The U.S. Supreme Court, in Baze v. Rees ... Baze v. Rees, 553 U.S. 35 ( 2008 ).