The United States Supreme Court has granted an appeal by the state of Alabama in lifting an injunction on the execution of Alan Eugene Miller. The injunction was originally handed down because of disagreements over how Miller would be executed.
The ruling by the Supreme Court opens the door for the state to follow through with its execution order Thursday night.
The Supreme Court voted 5-4 in favor of granting the appeal. The notice of execution was still in effect until 11:59 p.m. Thursday night.
However, according to the Associated Press, the execution was stopped late Thursday night. Media witnesses went into the prison at approximately 11:25 p.m. Thursday but were taken back to the waiting area about 10 minutes before midnight.
Officials confirmed the execution was cancelled. Gov. Kay Ivey released a statement early Friday morning.
In Alabama, we are committed to law and order and upholding justice. Despite the circumstances that led to the cancellation of this execution, nothing will change the fact that a jury heard the evidence of this case and made a decision. It does not change the fact that Mr. Miller never disputed his crimes. And it does not change the fact that three families still grieve. We all know full well that Michael Holdbrooks, Terry Lee Jarvis and Christopher Scott Yancey did not choose to die by bullets to the chest. Tonight, my prayers are with the victims’ families and loved ones as they are forced to continue reliving the pain of their loss.
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Miller was convicted for a triple homicide back in 1999.
Prior to his execution date, Miller claims the state lost his paperwork requesting death by nitrogen hypoxia, as opposed to lethal injection.
Alabama has not yet developed a system for using nitrogen to carry out executions and claims they can only perform lethal injection.
"Typically the appellate court working in a six to nine month time frame on most any of these types of cases so I would presume sometime either before the end of the year or early part of next year they would probably have made the decision that they’re going to move forward with executions," said Edward Murrell, Attorney Merrell Law Firm.