Kentucky will not appeal a judge's ruling that keeps a ban on executions in place with state officials opting instead to fight out a lawsuit inmates brought challenging the way lethal injections are carried out.
Justice Cabinet spokeswoman Jennifer Brislin says Franklin Circuit Judge Phillip Shepherd’s concerns about executions aren’t leading to a rewrite of the regulations.
Shepherd opted to keep in place an injunction earlier this month that has stopped Kentucky from carrying out any death sentences since 2010.
Shepherd’s concerns included how the state would determine if an inmate is mentally disabled. Shepherd did not object to the state's choice of drugs or the one and two drug methods it proposes to use.