Judge rejects requests from Georgia death row inmates and refuses to fire the squad and die

The federal judge refused Death Row inmates in Georgia He demands that the fatal injection be executed by firing the squad, as he claims that he can cause unbearable pain.

63-year-old Michael Wade Nance has been injecting sedative pentobarbital, the only method of execution approved in the state, violating his constitutional rights and causing severe pain due to his medical issues. He claimed it could cause it.

US District Judge JP Booley ruled Thursday that Nance was unable to prove that his medical history caused the injections to cause unbearable pain. For this reason, Booley did not place any emphasis on whether the shooting squad was a possible alternative.

Nance’s lawyer, Anna Arceneau, said they would appeal the decision. The lawsuit was originally filed in January 2020 and has already moved to the US Supreme Court once.

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He was sentenced to his sentence Murder conviction Gabor Balog’s death in 1993. Nance had just taken a bank in Gwinnett County and dumped his car after a dye pack that had oozed into stolen money exploded. Balog had retreated from the liquor store parking space across the street when Nance opened the car door and fatally shot it.

Nance’s lawyer argued that his veins are difficult to find in vision and that what is seen is compromised. They said there is a considerable risk that his veins could be “blown away” during execution, causing drugs to leak into surrounding tissues and cause severe pain.

His lawyers also argued that pentobarbital, which is used in lethal injections, is ineffective or ineffective after many years of using the drug to treat lower back pain.

The judge was a doctor who testified between the states. Bench Trial It suggested that Nance had received three separate medical procedures since the lawsuit requiring IV was filed in May.

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Addressing whether Nance’s long-standing painkillers could interfere with fatal injections, Booley calls the doctor who Nance’s lawyer said “they don’t know actually.” I pointed out the doctor’s testimony.

The U.S. Supreme Court states that inmates create “substantial risk of serious harm” and that there are “known and available alternatives” for them to challenge execution methods under the 8th Amendment. He says he must prove it. This is why Nance’s lawyers proposed a shooting squad because it would significantly reduce the risk of severe pain.

Booley was procedurally banned in March 2020, as the Nance debate waited too long to bring them in, and how constitutional protections against cruel and unusual punishment would be violated. I decided that I couldn’t prove that.

Nance appealed, and a panel of the 11th Circuit Court of Appeals concluded that he had effectively challenged the effectiveness of the death penalty, as fatal injections were the only method of execution approved by Georgia law. I did. .

He sued the U.S. Supreme Court and overturned the 11th Circuit decision. In a large number of opinions, Judge Elena Kagan wrote when she challenged Georgia’s execution methods, “is not limited to suggesting methods approved by state law.” She said there is no reason to believe that changing state laws to allow executions by firing a squad would be a “substantial obstacle” to carrying out the execution.

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The incident then returned before Booley, who held a bench trial in May. During that trial, testimony was given claiming that executions by firing the squad would be rushed to die. However, Nance couldn’t prove that his medical issues caused severe pain during the lethal injection, so the judge said there was “no need to deal with” the proposed alternative to the shooting squad. Ta.

The Associated Press contributed to this report.