Gov. Kay Ivey Ivey deferred to the legal system when asked about the state’s approach in administering nitrogen hypoxia executions. “All of that is part of a court process right now,” Ivey said. “I’m going to trust the courts.”
The judge presented several hypothetical situations throughout the hearing, calling the case a “high-stakes situation.” He asked multiple times if he were to order Miller’s execution could go forward using nitrogen hypoxia but not lethal injection, if either party would appeal the ruling. “That really is above my pay grade,” Houts responded.
But, he added, “by every indication,” that time has come. “His victims did not want to die when he shot them,” Houts said, referring to the Shelby County workplace shooting in which Miller was convicted. In response to the same question from the judge about a possible appeal to the hypothetical ruling, Miller’s attorney Mara Klebaner said, “it does not sound like is ready.”
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