Alabama asks Supreme Court to let execution proceed

By KIM CHANDLER
Associated Press

ATMORE, Ala. (AP) — A federal appeals court has rejected Alabama’s attempt to proceed with the execution of an inmate who claims the state lost his paperwork selecting an alternative to lethal injection. In a 2-1 decision, the 11th U.S. Circuit Court of Appeals upheld an injunction preventing the state from carrying out the execution Thursday night. The state is appealing the ruling to the U.S. Supreme Court. Fifty-seven-year-old Alan Miller testified that he turned in paperwork four years ago selecting nitrogen hypoxia as his execution method. The state says there’s no evidence to corroborate that, but the appeals court said it is “substantially likely” that Miller filed the paperwork.