This undated photograph provided by the Alabama Department of Corrections shows inmate Alan Eugene Miller, who was convicted of capital murder in a workplace shooting rampage that killed three men in 1999.
Alabama Attorney General Steve Marshall on Tuesday asked the 11th U.S. Circuit Court of Appeals to lift an injunction blocking the execution of Alan Miller. Miller was sentenced to die after being convicted of killing three people in a 1999 workplace shooting in Shelby County.Miller testified that in 2018 he turned in paperwork selecting nitrogen hypoxia as his execution method, and his lawyers maintain the state lost the form. U.S. District Judge R. Austin Huffaker Jr.
Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. Nitrogen hypoxia has been authorized as an execution method in Alabama, Oklahoma and Mississippi, but no state has attempted to put an inmate to death by the untested method.