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Judge rules that Kentucky's death penalty protocol is unconstitutional

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Posted at 4:50 AM, Jul 04, 2019

FRANKFORT, Ky. (Courier Journal) — A judge has ruled that Kentucky's death penalty protocol is unconstitutional.

The Courier Journal reports that Franklin County Circuit Court Judge Phillip Shepherd says the rules are flawed because they would allow the execution of a prisoner with intellectual disabilities. Judge Shepherd says the US Supreme Court prohibits the execution of intellectually disabled people.

A spokesman of the state Attorney General's office says the office is reviewing the ruling.