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Alabama asks appeals court to let execution go forward

Death Penalty Alabama
Dave Martin/AP
FILE - Officials escort murder suspect Alan Eugene Miller away from the Pelham City Jail in Ala., on Aug. 5, 1999. Miller, scheduled to be put to death by lethal injection on Sept. 22, 2022, for a workplace shooting rampage in 1999 that killed three men, says the state lost the paperwork he turned in selecting an alternate execution method. (AP Photo/Dave Martin, File)

Alabama is going back and forth with a U.S. judge on whether or not an inmate can be executed by the state.

Alabama Attorney General Steve Marshall asked the 11th U.S. Circuit Court of Appeals on Tuesday to lift an injunction placed by U.S. District Judge R. Austin Huffaker, Jr. on Monday.

Alan Miller was sentenced to die on Thursday after killing three people in a 1999 workplace shooting. Miller and his lawyers claim that in 2018 he filed paperwork to be executed by nitrogen hypoxia and that the state has since lost the paperwork. The state disputes the claim and says it has not finalized the procedures for using nitrogen to carry out death sentences.

The injunction blocks the state from executing Miller by any means other than nitrogen hypoxia.

Caroline Vincent is a digital producer for Alabama Public Radio.
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