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BAZE v. REES

No. 2005-SC-0543-MR.

217 S.W.3d 207 (2006)

Ralph BAZE and Thomas C. Bowling, Appellants, v. Jonathan D. REES, Commissioner, Kentucky Department of Corrections; Glenn Haeberlin, Warden, Kentucky State Penitentiary; and Ernie Fletcher, Governor of Kentucky, Appellees.

Supreme Court of Kentucky.

Rehearing Denied April 19, 2007.

Attorney(s) appearing for the Case

John Palombi, Assistant Public Advocate, Department of Public Advocacy, David M. Barron, Department of Public Advocacy, Frankfort, Counsel for Appellants.

Holly Lynn Harris-Ray, Justice and Public Safety Cabinet, Office of Legal Services, Jeffrey Thomas Middendorf, Justice and Public Safety Cabinet, Office of Legal Services, David A. Smith, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellees.

Opinion of the Court by Justice WINTERSHEIMER.

This appeal is from a decision of the circuit court denying relief sought by Baze and Bowling in the form of a declaratory judgment. This action was filed in accordance with CR 57, which outlines the procedure for obtaining a declaratory judgment pursuant to KRS 418.040.

The single issue is whether the lethal injection provisions for execution protocol violate or threaten to violate the rights of Baze and Bowling...

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