Opinion
No. M1986-00093-SC-OT-DD.
April 6, 2010 Session.
Filed September 27, 2010.
HAMILTON COUNTY, No. M1986-00093-SC-OT-DD.
Oral Argument Requested.
SUPPLEMENTAL AUTHORITY FOR PETITION FOR REHEARING ON ORDER SETTING EXECUTION DATE
Comes now Edward Jerome Harbison, through undersigned counsel, and respectfully gives notice to the Court of supplemental authority for numbered paragraph 27 on page 9 of his petition to rehear this case which was filed on September 22, 2010. That paragraph describes the factual basis as to why the use of the drugs in Tennessee's lethal injection procedure will result in a violation of federal law. Mr. Harbison would supplement the record by providing the Court with a copy of a letter from KeeS Gioenhout, M.D., Vice President, Clinical Research and Development, Hospira, Inc. dated March 31, 2010, directed to the Ohio Department of Rehabilitation and Corrections in which he advises the Ohio DRC that "Hospira manufactures this product because it improves or saves lives, and the company markets it solely for use as indicated on the product labeling. The drug is not indicated for capital punishment, and Hospira does not support its use in this procedure." (Attached) Upon information and belief, Hospira sent identical letters to all the departments of correction in all states that utilize lethal injection as a method of execution.
Respectfully submitted,
FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC.
By: ________________________________ Dana C. Hansen Chavis, BPR # 19098 Assistant Federal Community Defender Attorney of Record
Pursuant to TENN. SUP. CT. R. 12.4(B), Dana C. Hansen Chavis, as attorney of record, requests notification of orders or opinions of the Court by facsimile at (865) 637-7999.
800 S. Gay Street, Suite 2400 Knoxville, TN 37929 Phone: (865) 637-7979 Facsimile: (865) 637-7999Dana_Hansen@fd.org
CERTIFICATE OF SERVICE
I, Dana C. Hansen Chavis, hereby certify that a true and correct copy of the foregoing was sent via facsimile and overnight mail to:
Jennifer L. Smith Associate Deputy Attorney General Office of the Attorney General
425 Fifth Avenue North Nashville, TN 37243 E-mail: Jennifer.Smith@ag.tn.gov Fax: (615) 532-7791
on this the 24th day of September, 2010.
___________________________ Dana C. Hansen Chavis Assistant Federal Community Defender