Baze and Bowling (Ps) were each convicted of two counts of capital murder and sentenced to death. The Kentucky Supreme Court upheld their convictions and sentences on direct appeal. Ps sued three state officials seeking to have Kentucky's lethal injection protocol declared unconstitutional. The court upheld the protocol, finding there to be minimal risk of various claims of improper administration of the protocol. The Kentucky Supreme Court stated that a method of execution violates the Eighth Amendment when it 'creates a substantial risk of wanton and unnecessary infliction of pain, torture or lingering death.' The Supreme court granted certiorari.