Alabama Agrees Not to Attempt Lethal Injection on Execution Survivor

Alan Eugene Miller
Alabama Department of Corrections

Alan Eugene Miller, 57, was put on death row after being convicted for murdering his coworkers in a 1999 workplace shooting.

Alabama state has agreed to not pursue lethal injection for a death-row inmate again after a failed attempt at execution in September. 

Future efforts to execute death-row inmate Alan Eugene Miller, 57, must use nitrogen hypoxia, an execution method that has not yet been attempted in Alabama but has been authorized, reported CBS News

Miller was put on death row after being convicted for murdering his coworkers Terry Jarvis, Lee Holdbrooks and Scott Yancy in a 1999 workplace shooting, according to FindLaw.

In the first execution attempt, Miller had allegedly been jabbed multiple times by a needle for over 90 minutes in an attempt to secure an intravenous line to administer the lethal injection, but the attempt ultimately failed due to time constraints, according to USA Today

Alabama U.S District Judge Austin Huffaker Jr. approved a settlement agreement in a lawsuit filed by Miller. The suit was filed after Miller claimed he had submitted paperwork requesting to be executed by nitrogen hypoxia prior to his failed execution attempt, reported USA Today. 

With the approval, the state agreed to not attempt another lethal injection on Miller, according to CBS News.

Since the state of Alabama has no existing procedure on the use of nitrogen hypoxia in executions, Miller's execution will not be attempted until one has been finalized. 

Miller is not the first in Alabama that has had issues with the process of being executed by lethal injection.

Alabama’s Kenneth Eugene Smith, Joe Nathan James, and Doyle Hamm were death-row inmates that had issues during their executions. Both Smith and James had their execution halted after officials failed to secure an IV and Hamm’s had to be called off for similar reasons, according to CBS News.

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