Can The State Kill You Twice?
Show notes
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This episode is sponsored by Plaud.
Christa Pike survived lethal injection. What happens next in court? Attorney Marc Lopez examines her case and the question at the center of a failed execution: can the state try again?
We look at the challenges to Tennessee’s lethal-injection protocol, the Supreme Court’s intervention, and the earlier cases of Willie Francis and Romell Broom. Marc breaks down three possible constitutional arguments against a second attempt: double jeopardy, cruel and unusual punishment, and due process. He explains what makes Pike’s case different, the arguments Tennessee could make in response, and why the investigation into the failed execution matters.
This episode discusses murder, execution and childhood sexual abuse.
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CHAPTERS
(00:00) Christa Pike survives an execution
(01:06) Plaud sponsor message
(02:33) Pike’s conviction and death sentence
(04:13) Challenging an execution method
(05:45) Pike’s medical challenge
(08:25) Execution-day legal challenges
(10:20) How the execution failed
(11:35) Can Tennessee try again?
(12:33) Double jeopardy and Willie Francis
(14:11) Romell Broom and a second attempt
(15:31) Other failed executions
(16:25) Cruel and unusual punishment
(18:32) Investigating what went wrong
(19:41) The due process argument
(21:43) EagleTeam: finding the right lawyer
LEGAL-ISH DISCLAIMER
Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos! All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).