A judge set a hearing for next week to hear arguments on whether the state should be allowed to file certain information under a protective order in the case of Alabama Death Row inmate Alan Eugene Miller.
The order from U.S. Judge R. Austin Huffaker Jr. for the Middle District of Alabama set a hearing for Wednesday at 2 p.m. The hearing comes weeks after the Alabama Attorney General’s Office was given a deadline by the judge to produce documents related to the Sept. 22 execution attempt. The information is being sought by Miller’s attorneys in the federal lawsuit.to keep certain information they would provide in the case from being made public.
In a separate order filed Friday, the judge dismissed two parts of Miller’s updated six-part complaint. The judge also struck Miller’s request for money damages. Miller’s initial lawsuit, filed before his first execution date, centered around claims that he had chosen to die by nitrogen hypoxia in 2018 instead of the default method of lethal injection. Miller said the state lost his forms, and was insisting on executing him by a method he had opted out of.“The private interest at stake is great—a person’s choice in the way he will die at the State’s hands.
Huffaker continued, “Fundamentally, the argument ignores the nature of Miller’s claim: that it would be cruel and unusual punishment for the State to attempt to execute him by lethal injection a second time.”
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