3 articles · Updated · The New York Times · Jun 10
Summary
A federal appeals court on Wednesday let stand an order barring Alabama from using nitrogen hypoxia to execute Jeffrey Lee, whose execution had been scheduled for Thursday.
The 11th Circuit backed U.S. District Judge Emily Marks, saying nitrogen hypoxia is a “likely unconstitutional method” of carrying out the death penalty.
Marks had initially allowed nitrogen gas nearly two weeks ago, but the appeals court sent the case back and she then ruled for Lee after finding a firing squad could render him unconscious before pain registered.
Alabama had argued it lacks both legislative approval and an operational firing-squad protocol, including five qualified marksmen, leaving the state to find another method if it still plans to proceed.