North Carolina's death row prisoners want the state's elected leaders to follow a court ruling that found they didn't properly consider a new procedure for carrying out executions.
Lawyers for the prisoners say members of the Council of State
should have heard from prisoners involved in the case.
But attorneys for the state say the council should uphold its
earlier decision on the grounds that the law requires the state
Correction Department to establish the protocol for lethal
The Council of State is made up of the governor and nine other
officials elected statewide.
The issue is separate from the lawsuit filed by the state
Correction Department against the state Medical Board, which
adopted a rule that doctors couldn't participate in executions. In
that case, Wake County Superior Court Judge Donald Stephens said
the medical board didn't have authority to punish physicians who
participated in executions.