'Accidents happen': What Supreme Court has said about survivors of botched executions
As Tennessee officials consider another execution attempt for Christa Pike, legal scholars say a 1947 Supreme Court decision could be a key factor in any legal challenge.
Christa Pike, 50, is currently conscious and speaking after surviving a pair of lethal injections in Tennessee. This has led to a legal debate over whether a second execution would violate the Constitution's prohibition of cruel and unusual punishment. The case draws parallels to a 1947 Supreme Court decision involving Willie Francis, a 17-year-old convicted murderer who survived an electrocution attempt in Louisiana.
Francis challenged a second execution, arguing it would violate his 14th Amendment due process rights and the 8th Amendment's prohibition on cruel and unusual punishment. However, the Supreme Court unanimously upheld Louisiana's decision to execute Francis a second time, arguing that an execution would not be more cruel simply because it was botched the first time.
Pike's attorneys are urging Governor Bill Lee to commute her sentence to life without parole, citing the constitutional concerns. The case is notable as it marks the first time a survivor of pentobarbital administration has challenged a subsequent execution.
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