In a highly dismissive pleading filed late afternoon February 21, 2018, the state of Alabama basically told the Eleventh Circuit that they could go fly a kite: “Yeah, sure, buddy, we can do this!” It was a surprising slap in the face of the Eleventh Circuit.
So, for instance, the court had asked the State of Alabama to verify that it would have a doctor conduct the IV access, particularly for central venous access. Well, the Warden of Holman Prison submitted an affidavit in response to the Eleventh Circuit stating that “the ADOC will have an MD present during Mr. Hamm’s execution,” at ¶5. Of course, a doctor is always “present” at the execution, in order to pronounce death, but never in the execution chamber during the execution! The Warden was clearly misleading the Eleventh Circuit, which was actually trying to get the state to promise that a doctor would conduct the IV insertion! In all likelihood, naturally, the Warden will get away with it, and succeed in pulling the wool over the Eleventh Circuit’s eyes. And of course, no opportunity for Doyle Hamm to correct that!
Justice, Alabama style. If counsel for Doyle Hamm ever did that, we’d probably be held in contempt!
Here is the Attorney General’s pleading, showing utter contempt for the Eleventh Circuit:
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