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Robinson v. Shanahan

Court of Appeals of North Carolina

March 18, 2014

MARCUS ROBINSON, JAMES EDWARD THOMAS, ARCHIE LEE BILLINGS, and JAMES A. CAMPBELL, Plaintiffs,
v.
KIERAN A. SHANAHAN, Secretary of the North Carolina Department of Public Safety, KENNETH E. LASSITER, Warden of Central Prison, [1] Defendants

Heard in the Court of Appeals January 21, 2014.

Counsel Amended, March 18, 2014.

Wake County. Nos. 07 CVS 1109, 1607, 1411. Donald W. Stephens, Judge.

Poyner Spruill LLP, by Robert F. Orr, and Copeley Johnson & Groninger PLLC, by David Weiss, for plaintiffs-appellants.

Attorney General Roy Cooper, by Special Deputy Attorney General Joseph Finarelli and Assistant Attorney General Jodi Harrison, for defendants-appellees.

Poyner Spruill LLP, by Hon. Robert F. Orr, Attorney at Law, and Copeley Johnson & Groninger PLLC, by Mr. David Weiss, Attorney at Law, for appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Mr. Joseph Finarelli and Assistant Attorney General Ms. Jodi Harrison, for appellee.

Robert C. HUNTER, Judge. Judges MCGEE and ELMORE concur.

OPINION

HUNTER, Robert C., Judge.

Appeal by plaintiffs from order entered 12 March 2012 by Senior Resident Superior Court Judge Donald W. Stephens in Wake County Superior Court. Heard in the Court of Appeals 21 January 2014.

Marcus Robinson, James Edward Thomas, Archie Lee Billings, and James A. Campbell (collectively " plaintiffs" ) appeal from an order granting summary judgment in favor of defendants on plaintiffs' challenge to North Carolina's previously used three-drug protocol for the administration of lethal injections (" the 2007 Protocol" ). During the pendency of this appeal, the 2007 Protocol was replaced by the " Execution Procedure Manual for Single Drug Protocol (Pentobarbital)" (" the new Manual" ) after a statutory amendment vested

Page 399

the Secretary of the North Carolina Department of Public Safety (" DPS" ) with the authority to determine execution procedures in North Carolina. As a result, plaintiffs' only remaining contention on appeal is that the new Manual must be promulgated through rule-making ...


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