ATMORE, Ala. (AP) — A federal appeals court on Thursday rejected Alabama's attempt to proceed with the execution of an inmate who claims the state lost his paperwork selecting an alternative to lethal injection.
In a 2-1 decision, the 11th U.S. Circuit Court of Appeals denied the state's request to lift a recent injunction preventing the state from carrying out Thursday night's scheduled execution of Alan Miller. The state appealed the ruling to the U.S. Supreme Court in a effort to carry out the lethal injection Thursday night.
Miller, 57, was convicted of killing three people in a 1999 workplace rampage and was scheduled to die by lethal injection until the execution was blocked by a judge earlier this week.
Miller testified that he turned in paperwork four years ago selecting nitrogen hypoxia as his execution method, putting it in a slot in his cell door for a prison worker to collect.