MONTGOMERY, Ala. (AP) – An Alabama inmate is asking an appellate court to stay his execution scheduled for next month.
Tommy Arthur asked the 11th U.S. Circuit Court of Appeals to stay his execution until it hears his challenge to Alabama’s lethal injection process.
Arthur is scheduled to be put to death Nov. 3 for the 1982 murder-for-hire of Muscle Shoals businessman Troy Wicker.
A federal judge in July dismissed Arthur’s challenge that Alabama’s lethal injection procedure causes unconstitutional pain and suffering. His attorneys appealed, arguing the judge prematurely dismissed the case after misapplying a requirement for inmates to name an alternate execution method.
Arthur had been scheduled for execution on six previous occasions, but was given court-issued reprieves. The state asked for an expedited execution date after the judge dismissed Arthur’s challenge.
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