Justices in a 5-4 decision vacated an injunction that had blocked the scheduled lethal injunction of Alan Miller. The decision reversed rulings by the 11th U.S. Circuit Court of Appeals and a federal judge that the lethal injection could not go forward after Miller’s attorneys said the state lost his paperwork requesting an alternative execution method.
Miller testified that he had turned in paperwork four years ago selecting nitrogen hypoxia as his execution method, putting it in a slot in his cell door at the Holman Correctional Facility for a prison worker to collect. Miller had visits from family members and an attorney on Thursday as he waited to see if his execution would go forward. He was given a food tray that included meatloaf, chuckwagon steak, macaroni and french fries, the prison system said.
When Alabama approved nitrogen hypoxia as an execution method in 2018, state law gave inmates a brief window to designate it as their execution method.
Source: Law Daily Report (lawdailyreport.net)
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