When and By What Legal Action May a Capital Offender Challenge the State's Current Execution Protocol?

Michael Dean Scott v. Mark Houk, Warden, Case no. 2009-1369

U.S. District Court for the Northern District of Ohio

ISSUE: In what judicial forum and through what type of court proceeding must a defendant who is under a death sentence in Ohio pursue a constitutional challenge to the specific protocol that is being used by the state to execute death sentences at the time of that defendant's scheduled execution?