A bitterly split Supreme Court issued a 5-4 order early Friday morning to allow Alabama to execute a murderer by lethal injection, but he was spared because the decision came nearly three hours after his execution warrant had expired at midnight Thursday.
Alabama authorities said they would move to set a new execution date for Christopher Price, who was convicted of the sword-and-stabbing murder of an elderly pastor in 1991.The middle-of-the-night legal battle revealed the extraordinary divide between the court’s five conservatives and four liberals over carrying out the death penalty. It appeared that the high court missed the midnight deadline after Justice Stephen G.
They said death row inmates in Alabama were told in June that they had 30 days to elect to be executed via nitrogen hypoxia, a lethal gas, rather than through an injection. While 48 of the inmates chose this option, Price did not.“He then waited until February 2019 to file this action and submitted additional evidence today, a few hours before his scheduled execution time,” the high court said in an order issued at 2:52 a.m. EDT Friday. The court granted the appeal by Alabama in Dunn vs.
Breyer continued: “Price proposed nitrogen hypoxia as an alternative method of execution. Alabama expressly authorized execution by nitrogen hypoxia in 2018, and state officials have actively worked to develop a hypoxia protocol since that time. The state is mere months away from finalizing its protocol.”
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