The state is prepared to go forward with the execution, if it can be performed before the death warrant expires at midnight.
Earlier this week, a U.S. judge blocked the state from executing Miller by any method other than nitrogen hypoxia. This decision came after Miller claimed the state lost paperwork requesting an alternative to lethal injection.
The state of Alabama appealed that order. The case was sent to the U.S. Supreme Court Thursday for a decision. The state's death warrant expires at midnight, ourThe execution will happen by lethal injection
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