CINCINNATI (AP) – A federal appeals court has rejected arguments attempting to stop the execution next month of a condemned Ohio inmate who says he’s too ill for lethal injection.
The 2-1 decision Wednesday by the 6th U.S. Circuit Court of Appeals comes in the case of Alva Campbell, sentenced to death for a fatal carjacking in Columbus.
The 69-year-old Campbell argues he should be allowed to raise new objections to the state’s lethal injection process based on recent changes to how it’s carried out.
Campbell says he’s so ill that lethal injection would constitute cruel and unusual punishment.
His attorneys say his physical ailments are equivalent to mental incompetency, under which execution is prohibited.
His defense attorney says the ruling puts further limits on death row inmates’ ability to raise constitutional claims.