Divided court authorizes Alabama execution, but state is unable to carry it out before midnight deadline

Divided court authorizes Alabama execution, but state is unable to carry it out before midnight deadline

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The Supreme Court on Thursday night cleared the way for Alabama to carry out a lethal injection of an inmate who argued that he had the right to be executed by nitrogen hypoxia, a method that supporters say is more humane. In an unsigned order that divided the justices 5-4, the court lifted an order by a federal judge that would have required the state to use nitrogen hypoxia to execute Alan Eugene Miller. But the state called off … Read the rest

Recent OOR Determination Clarifies Appeal Deadline

In the recent OOR determination in the matter of Zaid v. Upland Borough, OOR Dkt. AP 2021-2961 (Dec. 29, 2021), an appeal was rejected as premature in light of not taking into account the days that the government agency was closed due to the Christmas holiday. Thus, the agency’s 5-day period to respond had not expired at the time of the appeal. But the decision allowed for a new appeal to be filed at the appropriate time.

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