A federal appeals court has reversed a lower-court ruling that upheld Alabama’s nitrogen hypoxia execution protocol, concluding it may subject inmates to an unconstitutional risk of suffering before death. In a June 8 opinion, a three-judge panel of the 11th U.S. Circuit Court of Appeals ruled that death-row inmate Jeffery Lee had shown evidence that Alabama’s nitrogen hypoxia protocol presents a “substantial risk of serious harm” under the Eigh…
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