Montgomery, AL – A federal appeals court has decided not to review its earlier decision to let an Alabama death row inmate challenge the state's lethal injection procedure.
The 11th U.S. Circuit Court of Appeals Wednesday declined a request by the State of Alabama to have the entire 12-member court review a March 21 decision by a three-member panel.
The panel had overturned a judge's decision to deny a suit by death row inmate Thomas Douglas Arthur contending that Alabama's lethal injection procedure is cruel and unusual.
Arthur is sentenced to die for the 1982 murder-for-hire of Muscle Shoals businessman Troy Wicker.
Arthur's execution was scheduled for Thursday, but is on hold until the court decides otherwise.
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