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Court dismisses Gregory Wilson’s appeal because he ‘waited too long to sue’

Three days after a court ruled that despite having an IQ of 62, there was insufficient evidence to prove that Gregory Wilson is mentally retarded (the common standard is an IQ of 70 or less), yesterday the U.S. 6th Circuit Court of Appeals threw out another of the condemned man’s appeals because he “waited too long to sue.”

Wilson is scheduled to die on Sept. 16.

From the Courier-Journal’s “Court dismisses lethal injection challenge by Kentucky inmate facing execution in two weeks“:

A Kentucky death row inmate facing execution in less than two weeks lost a challenge to the state’s lethal injection method when a federal appeals court on Friday found he waited too long to sue.

The U.S. 6th Circuit Court of Appeals in Cincinnati ruled that 53-year-old Gregory Lee Wilson couldn’t show that Kentucky readopting its execution regulations in May stopped the clock and allowed him to attack the way the state handles executions.

“Here, the state merely adopted its preexisting protocol as a regulation, making no material changes to the method of execution,” Judge Danny Boggs wrote for a unanimous three-judge panel. “As it relates to Wilson’s claims, the new regulation is indistinguishable from the previous lethal injection protocol.”

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