Supreme Court says Alabama can carry out execution

Miller testified that he turned over the papers four years earlier and chose hypoxemia of nitrogen as his method of execution, placing it in a slot in his cell door at Holman Correctional Facility for the prison worker to collect.

On Tuesday, U.S. District Judge R. Austin Havecker Jr. issued a preliminary injunction prohibiting the state from killing Miller by any means other than hypoxia, after finding it “significantly likely” that Miller “filed a timely election filing despite From that state says he doesn’t have any physical record of the form.”

The Supreme Court ruling on Thursday evening overturned the order at the request of the state.

Although Alabama has permitted nitrogen hypoxia as an execution method, it has never done so and the prison system has not finalized the procedure for using it to carry out the death sentence.

Miller received visits from family members and a lawyer Thursday as he waited to see if his execution would proceed. The prison regime said he was given a tray of meatloaf, chocowagon steak, pasta and french fries.

Nitrogen hypoxia is a proposed method of implementation that induces death by forcing the inmate to breathe only nitrogen, thus depriving him of the oxygen needed to maintain bodily functions. It is authorized as an execution method in three states but no state has attempted to execute an inmate by the untested method. Alabama officials told the judge that they are working to finalize the protocol.

When Alabama approved nitrogen hypoxia as an implementation method in 2018, state law gave inmates brief period to designate it as an implementation method.

“That the state is not yet ready to execute anyone by hypoxia of nitrogen does not mean that it will harm the state or the public to respect Miller’s timely election of nitrogen hypoxia. On the contrary, if no injunction is issued, Miller will be permanently deprived of his choice. in how he died–a choice given to him by the Alabama legislature.”

Prosecutors said Miller, a delivery truck driver, murdered colleagues Lee Holdbrooks and Scott Yancey at a business in a Birmingham suburb, then drove off to shoot former supervisor Terry Jarvis at a company where Miller previously worked. Each man was shot multiple times and Miller was arrested after a highway chase.

The trial testimony indicated that Miller believed that men were spreading rumors about him, including that he was gay. A psychiatrist hired by the defense found Miller to have severe mental illness, but also said that Miller’s condition was not bad enough to be used as a basis for a defense of insanity under state law.

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