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Alabama judge: Stay of execution to remain in place
By enewscourier.com
Published: 01/06/2015

MONTGOMERY, Ala. (AP) — The state of Alabama cannot execute a death-row inmate next month as planned because a 2-year-old stay of execution remains in place, a federal judge ruled Monday.

Tommy Arthur was scheduled to be put to death on Feb. 19 in the state's first execution using a new combination of lethal-injection drugs.

U.S. District Judge Keith Watkins noted that the 11th U.S. Circuit Court of Appeals stayed Arthur's execution in 2012 after the prisoner challenged the combination of drugs the state was then using for executions as potentially cruel and unusual punishment. Watkins said that stay has not been lifted, and added that Arthur could amend his existing lawsuit to challenge the constitutionality of the state's new execution drugs.

"We are pleased and relieved that a stay of execution remains in place, given the fundamental importance of ensuring that the mixture of drugs the state of Alabama proposes to use to execute Mr. Arthur be subject to judicial review," said Arthur's lead attorney, Suhana Han.

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