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Execution protocol not subject to rulemaking procedures

Death-row inmates lost an administrative challenge to the state's lethal-injection method when the Missouri Supreme Court held in a 4-3 decision that the injection protocol is not subject to notice-and-comment rulemaking. Seventeen inmates claimed in Middleton, et al. v. Missouri Department of Corrections, et al. that the DOC violated the state's administrative procedures law in July ...
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