The judge said that if Alan Miller is executed using a method he didn't choose, it would be 'the loss of his 'final dignity'-to choose how he will die.'
— - A federal judge on Monday blocked Alabama from executing an inmate who says the state lost his paperwork requesting an alternative to lethal injection.
The ruling blocks Alabama from carrying out the lethal injection that had been set for Thursday. However, Alabama Attorney General Steve Marshall will appeal the decision, Mike Lewis, a spokesman for Marshall, wrote in an email. Miller testified last week that he returned a state form selecting nitrogen on the same day it was distributed to inmates by a prison worker. He said he left it in the slot of his cell door for a prison worker to collect, but did not see who picked it up. Miller described how he disliked needles because of painful attempts at drawing blood. He said the nitrogen method reminded him of the nitrous oxide gas used at dentist offices, and that seemed better than lethal injection.
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