Cook v. State

OPINION

NORRIS, Judge.

¶ 1 Daniel Wayne Cook, Beau John Greene, and Eldon Michael Schurz1 (collectively, “Appellants”) appeal the superior court’s dismissal of their complaint alleging Arizona’s statute authorizing lethal injection, Arizona Revised Statutes (“A.R.S.”) section 13-757(A) (2010), violates the separation of powers doctrine embodied in Article 3 of the Arizona Constitution. Appellants argue, as they did in the superior court, the statute unconstitutionally delegates legislative power to the Arizona Department of Corrections without providing sufficient standards to restrain the…