The Alabama Attorney General's Office said it would appeal. Reeves was scheduled to be executed on January 27 by lethal injection, according to the opinion.
Condemned Alabama inmate Matthew Reeves, who wants to die by nitrogen suffocation, won a stay of execution Wednesday.
"Given the record in this case, the district court did not abuse its discretion in granting Mr. Reeves' motion for a preliminary injunction," Appellate Judge Adalberto Jordan wrote."We therefore affirm the district court's order and deny the defendants' motion for a stay." Reeves argued in federal court that the ADOC commissioner and Stewart failed to give him help to understand the form that would have permitted him to select death by nitrogen suffocation, as required under law, thus violating the Americans with Disabilities Act, according to the opinion. A federal judge gave Reeves the stay of execution earlier this month, saying his argument was"substantially likely" to succeed in court, KXMB-TV reported.
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