A federal judge has blocked Alabama from executing an inmate who says the state lost his paperwork requesting an alternative to lethal injection.
U.S. District Judge R. Austin Huffaker, Jr. issued a preliminary injunction to block the state from executing Alan Miller on Thursday by any method other than nitrogen hypoxia, an untested method Miller says he requested but Alabama is not ready to use.
The ruling blocks Alabama from carrying out the lethal injection that had been set for Thursday. However, the Alabama Attorney General Steve Marshall will appeal the decision, Mike Lewis, a spokesman for Marshall, wrote in an email. is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions.
Huffaker wrote that he can’t rule out the possibility that Miller is lying about selecting nitrogen in order to delay his looming execution, but said his testimony was credible. “It is substantially likely that Miller timely elected nitrogen hypoxia,” the judge wrote.
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