Charles Ray Crawford v. Earnest Lee

MAXWELL, JUSTICE,

DISSENTING:

¶ 35. I agree the circuit court’s stated reason for dismissing Crawford’s complaint was -wrong—something even the State concedes. But dismissal was still the right result. Despite its characterization, Crawford’s complaint does not plead a cognizable Section 19833 method-of-execution claim, because Crawford failed to allege a known and available alternative execution procedure. Because there is no reason to remand a fatally defective complaint back to circuit court, I dissent.

¶ 36. As the majority points out, in Hill v. McDonough, the United States Supreme Court…