Alabama plans to execute Alan Eugene Miller tonight for an August 1999 shooting spree that left three men dead.
According to the ADOC, Miller has had access during the last 24 hours to a television, a telephone, his mail, and a Bible or its equivalent.The Alabama Attorney General’s Office has officially asked the U.S. Supreme Court to overturn an injunction and allow tonight’s scheduled execution to move forward.
“The district court found, following an evidentiary hearing, that it is substantially likely that Mr. Miller submitted a timely election form even though the State says that it does not have any physical record of a form,” the 11th Circuit stated in its ruling this afternoon. “The State does not challenge that factual finding, and has completely failed to argue that it will suffer irreparable harm.
This article will be updated throughout the night with the status of the execution. Live updates, when they begin, will be added at the top of this story.No state in the nation has used nitrogen hypoxia for an execution, although several states have laws allowing it. Alabama’s law allowing nitrogen hypoxia executions was passed in 2018, and the law allowed inmates currently sitting on death row to opt-in to dying by the newly approved method.
Alabama is currently not ready to carry out such an execution, Alabama Department of Corrections Commissioner John Hamm said in an affidavit. The admission comes days after Deputy Alabama Attorney General James Houts said that it was “very likely” the state could execute Miller on Sept. 22 using nitrogen hypoxia if the court deemed the change of method necessary.
In his order, Huffaker mentioned two other death row inmates who have also alleged issues with the state’s collecting of their forms. Lethal injection is the only method the state can use to execute Miller currently, according to Hamm’s affidavit. The state has yet to provide a clear protocol on how the process will work in Alabama.
Miller moved around until he was 18, according to court records, because of his “reckless, violent and unpredictable father.” His father was a truck driver and would frequently quit his job or get fired and uproot his family. Miller’s father also served prison time for armed robbery, burglary, and various drug offenses.
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