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Home / Opinion Digests / Administrative / Administrative – Prisons & Jails – APA – Council of State – Lethal Injection Protocol – First Impression — Declaratory Judgment (access required)

Administrative – Prisons & Jails – APA – Council of State – Lethal Injection Protocol – First Impression — Declaratory Judgment (access required)

Conner v. North Carolina Council of State Even though the Council of State is subject to the Administrative Procedure Act, since the Department of Correction is exempt from the APA, when the Council of State reviews the DOC’s lethal injection protocol, the APA does not apply. We modify and affirm the superior court’s dismissal of the petition. Petitioners are DOC inmates who have been sentenced to death by lethal injection.

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