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Arkansas Supreme Court strikes down execution law
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The Arkansas Supreme Court struck down the state's execution law Friday, calling it unconstitutional.

In a split decision, the high court sided with 10 death row inmates who argued that, under Arkansas' constitution, only the Legislature can set execution policy. Legislators in 2009 voted to give that authority to the Department of Correction.

The 2009 law says a death sentence is to be carried out by lethal injection of one or more chemicals that the director of the Department of Correction chooses.

Death row inmate Jack Harold Jones Jr. sued the head of the correction department in 2010, challenging the constitutionality of the law. Nine other inmates have since joined the suit, asking that the law be struck down.

The state, meanwhile, asked the court to free up several executions it halted because of this lawsuit.

It wasn't immediately clear what the court's ruling will mean for the 40 men on death row in Arkansas. There aren't any pending executions, and the state hasn't put anyone to death since 2005, in part because of legal challenges like this one.


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