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Kentucky Supreme Court Denies Attorney General’s Push to Restart Executions
In a 5-1 ruling, the court said the dispute remains part of an ongoing lawsuit over Kentucky’s execution procedures and refused an advisory opinion.
On Thursday, the Kentucky Supreme Court denied Attorney General Russell Coleman's petition to clarify a 2010 injunction, maintaining the state's long-standing pause on executions.
Franklin Circuit Judge Phillip Shepherd issued the temporary injunction in 2010, halting executions while litigation proceeded over whether the state's lethal injection protocols were properly adopted under administrative law.
By a 6-1 margin, the Justices declined to issue a Writ of Mandamus; Justice Kelly Thompson dissented, arguing Ralph Baze has waited 32 years since sentencing and deserved final resolution.
Justice Kelly Thompson Keller wrote for the majority that any order instructing Governor Andy Beshear on death warrants would constitute an unconstitutional "advisory opinion," leaving the decision to the executive branch.
Although this litigation has been ongoing for two decades, the High Court noted discovery for the underlying lawsuit is nearing completion, with final adjudication expected by April 29, 2027.