Eighth Circuit rules on Missouri LI litigation

This morning the Eighth Circuit finally decided Taylor v. Crawford, No. 06- 3651 (8th Cir. June 4, 2007) (available here), which addrssses lethal injection issues in Missouri.  Here is the official summary of the ruling from the unanimous panel of the Eighth Circuit:

District court’s judgment holding Missouri’s lethal injection protocol for imposition of death sentence unconstitutional is reversed. Revised written protocol does not rise to the level of creating a constitutionally significant risk of pain.  The 5-gram dose of thiopental properly delivered by qualified medical personnel, a three-minute wait before injecting final two chemicals, and physical examination to determine level of consciousness is sufficient.  Continuous monitoring by anesthesiologist or by additional equipment is not justified.

After this decision, one must wonder whether the next stop for Missouri death row defendants will be: (1) en banc review in the Eighth Circuit?  (2) the Supreme Court’s docket? or (3) the death chamber?  You make the call.