The state of Alabama has finalized an execution date for convicted murderer and Madison County man, James Barber.
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Barber was convicted for the murder of a 75-year-old woman in 2003. Governor Kay Ivey has set a window for his execution beginning on July 20 and ending at 6 a.m. July 21.Barber insisted on thewhich would force the inmate to only inhale nitrogen, depriving them of oxygen. According to Alabama Attorney General, Steve Marshall in June 2023, the Alabama Department of Corrections said they are not prepared to use this type of method for executions, claiming there is no specific protocol in place.
On July 7, Judge Emily Marks ordered James Barber will be executed by lethal injection, not nitrogen hypoxia. According to online court documents, Barber claimed execution by lethal injection will violate his Eighth Amendment right. His claim was based on the botched attempt by the state to use the method effectively when attempting to execute both Joe Nathan James, Jr. and Alan Eugene Miller. However, Judge Marks said Barber failed to prove his claim during a hearing on July 5.Barber did not choose nitrogen hypoxia in a timely manner, according to Alabama law.
If the court were to let Barber be executed by nitrogen hypoxia, his execution would be on hold for an unknown period of time because the state is not prepared to use the method.Copyright 2023 WAFF. All rights reserved.
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