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Malicoat v. State (2006) – Case Brief Summary (Oklahoma)

In Malicoat v. State, 2006 OK CR 25, 137 P.3d 1234 (Okla. Crim. App. 2006), the Oklahoma Court of Criminal Appeals reviewed a claim that the Oklahoma lethal injection protocol violates the Eighth Amendment prohibition against cruel and unusual punishment. 137 P.3d at 1235.

The court denied Malicoat's request to stay his execution. Id.

Like Florida, Oklahoma's lethal injection protocol is established by statute but the specific method is determined by the Oklahoma Department of Corrections. Id. at 1236.

The Oklahoma court found that Malicoat failed "to show that this protocol is facially unconstitutional." Id.