Ohio taking death penalty case to US Supreme Court

Legal News Center

Ohio's governor and attorney general said Sunday the state is asking the U.S. Supreme Court for a ruling that Ohio's protocol for carrying out the death penalty is constitutional.

Gov. John Kasich and Attorney General Mike DeWine said in a statement that the state wants the high court to reverse a federal appeals court decision to delay the Wednesday execution of Charles Lorraine.

Lorraine was condemned to death in the 1986 slaying of an elderly Trumbull County couple. But the federal appeals court said Friday his execution should be delayed to review changes Ohio has made in carrying out the death penalty.

Lorraine argued that Ohio broke its promise to adhere strictly to its execution procedures. But the state said that deviations from the procedures during the last execution were minor and that an inmate's rights would not be violated by changes, such as which official announces the start and finish times of an injection.

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IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.

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