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Tennessee death row inmate's execution back on after Supreme Court denies appeal

March 2nd, 2010 12:00 am by Associated Press

Tennessee death row inmate's execution back on after Supreme Court denies appeal

Edward Jerome Harbison

The Supreme Court has declined a Tennessee death row inmate's challenge to the state's lethal injection process.

The court rejected without comment Monday an appeal from Edward Jerome Harbison. He was convicted in the 1983 beating death of an elderly woman in Chattanooga.

A federal judge in Nashville ruled in 2007 that Tennessee's lethal injection process violates his Eighth Amendment right because it involves an "unnecessary ... infliction of pain."

But the 6th U.S. Circuit Court of Appeals in Cincinnati overturned that ruling after the Supreme Court in 2008 upheld Kentucky's lethal injection process, which is similar to Tennessee's.

The case is Harbison v. Little, 09-7777.

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