40-23-114, concerning the implementation of a lethal injection protocol, is an unconstitutional delegation of legislative authority to the executive branch by permitting “the department of correction ... to promulgate necessary rules and regulations to facilitate the implementation” of a death sentence. T.C.A. § 40-23-114(e). The State argues that the legislature has determined a conviction of first degree murder accompanied by aggravating circumstances is punishable by death and that the method of execution shall be lethal injection. Allowing the department of correction to establish a protocol for the implementation of lethal injection does not constitute an unconstitutional delegation of legislative authority. See Abdur’Rahman v. Bredesen, 181 S.W.3d 292, 309-310 (Tenn. 2005) (<HOLDING>). Defendant argues that Tennessee Code
recognizing  1983 substantive due process claim holding that dna act violates neither substantive nor procedural due process under the fifth amendment holding transfer eligibility rule did not deny the student equal protection of the laws or procedural or substantive due process under the fourteenth amendment holding that the facts did not measure up to the standard expressed for determining procedural due process holding that the department of correction may be tasked with determining protocol without violating substantive or procedural due process