JURIST - Paper Chase: Supreme Court allows constitutional challenge to death penalty procedure

In a unanimous decision handed down this morning, the US Supreme Court has held that a convicted death row inmate can properly pursue an appeal claiming that lethal injection constitutes cruel and unusual punishment. The court rejected Alabama's argument that David Larry Nelson should not be allowed to challenge a procedural part of its death penalty system, writing that "merely labeling something as part of an execution procedure is insufficient to insulate it from a (legal) attack." The case is Nelson v. Campbell (case backgrounder from Duke Law School's Program in Public Law). Cornell's Legal Information Institute has posted today's opinion per Justice O'Connor. AP has more.

In a second decision handed down Monday, the Supreme Court held that police officers may legally search an arrestee's automobile as part of a valid search incident to arrest even if the arrestee was not in the automobile when the police stopped him. The case is Thornton v. United States (case backgrounder from Duke Law School's Program in Public Law). Cornell's Legal Information Institute has posted today's opinion per Chief Justice Rehnquist, along with Justice O'Connor's concurrence, Justice Scalia's concurrence and Justice Stevens' dissent.

The Supreme Court also granted certiorari Monday in several cases, including Veneman v. Livestock Marketing Association and Nebraska Cattlemen v. Livestock Marketing Association, where the court will decide whether the government can force cattle producers to pay for research into cow diseases and for ad campaigns. AP has more. The Court's full Order List is available here [PDF].

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