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Court issues opinion

(OLYMPIA)— The Washington State Supreme Court issued an important opinion yesterday dismissing various challenges to the state’s method of carrying out lethal injection and lifting the stay of execution for convicted killer and rapist Cal Coburn Brown.

The court issued its unanimous ruling in the cases of Brown and Gentry v. Vail and Stenson v. Vail brought by death row inmates Brown, Darold Stenson and Jonathan Lee Gentry.

The justices agreed that the Washington State Legislature properly delegated to the state Department of Corrections the authority to enact and implement an execution protocol.

The Court also declared the inmates’ constitutional challenge to Washington’s three-drug lethal injection protocol as moot now that the state is using just one lethal injection drug, sodium thiopental.

Brown, Stenson and Gentry argued in the trial court that that the current one-drug protocol would not inflict pain, and would therefore would be constitutional.

The court also lifted the stay of execution it had granted to Brown.

Under state law, the date of execution automatically resets for 30 judicial days.

Brown’s new execution date is set for September 10th.

He could try to take the case to the U.S. Supreme Court, but that would not automatically stop his execution.

Gentry, who killed a 12-year-old girl in Kitsap County, and Stenson, who shot his wife and his business partner in Clallam County, were also part of the lawsuit.

But their executions were stayed by court orders in unrelated cases.