Yesterday six judges on the U.S. Court of Appeals for the Sixth Circuit dissented from the full court's denial of a petition for en banc rehearing in Cooey v. Strickland, in which a divided panel concluded that the statute of limitations had run on a death-row inmate's Section 1983 challenge to the constitutionality of Ohio's lethal injection protocol. Judge Gilman, who dissented from the initial panel, wrote the brief dissent, joined by Judges Martin, Daughtrey, Moore, Cole and Clay.

Sentencing Law & Policy and the Ohio Death Penalty Information blog have more on the decision.