CNN Medical Correspondent Kochers medical instruments, which include an insulin pump, were the subject of a scathing US Supreme Court ruling that could see him executed in the coming weeks.
The high court ruling on Tuesday could have a huge impact on medical providers across the country, and could also impact whether the American Civil Liberties Union will appeal the case.
The court ruling comes at a particularly difficult time for Koches family.
They’ve had to make a tough decision on how they want to spend their remaining days.
They can’t leave him alone in prison, but they also can’t let him die in prison.
And for the moment, they have to make that decision.
“The court has been very clear about this, that the Kocheys have to respect the Eighth Amendment right of his family to be able to live out their last moments in peace,” said Kochere, who has represented the family in their appeal.
“We don, we don’t believe he’s harmed by what’s been done to him.”
The court ruled that Kochess family lawyers can ask the Supreme Court to review the ruling in hopes of a ruling that would allow him to die.
The court said the appeals process has been delayed because Kochels attorneys are now asking for a stay, which would mean that he would not be able as of now to receive the medication that is essential to his life.
In an opinion that is expected to be filed in the next few weeks, Justice Anthony Kennedy wrote that “the death penalty, like life imprisonment, is cruel and unusual and the Eighth Circuit has found it unconstitutional in at least four cases.”
Kennedy wrote that it is a violation of the Eighth and Fourteenth Amendments, but also that the “cruel and unusual” nature of the death penalty makes it “not the appropriate remedy for a case that could well lead to a death sentence.”
Justice Sonia Sotomayor, who was joined by the other justices, wrote that she believes the Eighth amendment “requires an inquiry into the particular circumstances in which a death penalty may be imposed.”
Sotomayors opinion was the first by a justice of the high court to make an explicitly critical analysis of the constitutionality of the execution of an inmate on death rows in the United States.
The case involves a death row inmate named Robert Kocheners wife, Katherine.
Koccher is serving a life sentence for a murder he did not commit.
He was convicted of stabbing his wife to death in 2001.
Kuchers lawyers argue that the trial court erred by imposing the death sentence based on evidence from a forensic lab that they claim showed that Kucher had injected himself with insulin before the killing.
The court also held that the state was required to provide Kocchettes lawyers with the insulin that he was injected with.
The Kochelle family is not asking the court to block the execution because they believe the insulin would be lethal.
The Kochemers are hoping to convince the Supreme Judicial Court to overturn the conviction and to allow Kochetes attorneys to argue that it was an error to have the trial judge allow Kuchets attorneys to call for a temporary stay of execution in an attempt to prevent Kochey from taking the insulin.
The American Civil Rights Union, which is representing Kocheres family, has said the Kochesses are prepared to fight on.
“It is the right of the people to be free from arbitrary imprisonment and torture, and the Constitution provides that remedy,” said Carol Dweck, executive director of the ACLU of Ohio.
“We look forward to reviewing the court’s ruling in the weeks to come and continuing to work with the court in order to ensure that the court recognizes the rights of the American people.”
In the wake of the Supreme court ruling, other attorneys in Ohio are also appealing to the court.
In a statement, the American Bar Association said, “We are reviewing the ruling, and we will work with our colleagues on the appeal to ensure they are appropriately positioned to fight the execution and are afforded the opportunity to do so.”
We will also continue to vigorously defend the right to due process and constitutional rights against unjustified execution,” the association said.
In April, the US Supreme court ruled 5-4 that the Eighth Amendments did not bar the execution in the case of former Ohio inmate Timothy J. Wilson, who died of a heart attack while on death Row in 2010.
The ruling in that case came down against the state of Ohio, which argued that the execution violated the constitutional rights of Wilson’s family.
In response to the ruling from the US supreme court, the Ohio Department of Rehabilitation and Correction said it will not appeal the court ruling in light of the importance of maintaining a fair, impartial, and efficient execution process.”
In light of this ruling, the department will not seek to delay or delay the execution process in light a significant amount of time has passed