Skip to main content

U.S. | Alabama won't try lethal injection again on "execution survivor" Alan Eugene Miller, but it may try new method

Montgomery, Alabama — Alabama won't seek another lethal injection date for an inmate whose September execution had been halted because of problems establishing an intravenous line, according to the terms of a settlement agreement approved on Monday. The state agreed to never use lethal injection again as an execution method to put Alan Eugene Miller to death.

Any future effort to execute Miller will be done by nitrogen hypoxia, an execution method authorized in Alabama, but one that has never been used to carry out a death sentence in the U.S. 

There is currently no protocol in place for using nitrogen hypoxia.
 
On Tuesday, U.S. District Judge R. Austin Huffaker Jr. approved the settlement agreement in a lawsuit brought by Miller seeking to prevent another lethal injection attempt. 

Miller had argued that the state lost paperwork stating he picked nitrogen hypoxia as his execution method and then subjected him to torture during the failed execution attempt. 

At the time, Miller's attorneys called him the "only living execution survivor in the United States."

Miller was scheduled to be executed by lethal injection on Sept. 22, but the state called off the execution after being unable to connect an IV line to the 351-pound inmate. Miller said that when prison staff tried to find a vein, they poked him with needles for over an hour and at one point left him hanging vertically as he lay strapped to a gurney.
 
Alabama has acknowledged problems with IV access during at least four executions since 2018. Three of those had to be halted.
 
Earlier this month the execution of Kenneth Eugene Smith was halted after the execution team tried for an hour to connect an IV line. 

Last week, attorneys for Smith filed a lawsuit against the prison system, saying that the state violated the U.S. Constitution, various court orders and its own lethal injection protocol during the botched execution attempt earlier this month. 

Smith's attorneys are asking a federal judge to forbid the state from making a second attempt to execute him, saying Smith was already "subjected to ever-escalating levels of pain and torture" on the night of the failed execution.

Alabama also called off the 2018 execution of Doyle Lee Hamm for the same reasons. He reached an agreement with the state that prevented further execution attempts, although he remained on death row. He later died of natural causes.

Prison officials blamed time constraints, specifically the midnight deadline, for the three halted executions.
 
The state's July execution of Joe Nathan James was carried out, but only after a three-hour delay caused at least partly by the same problem with accessing an IV line.

Last week Alabama Gov. Kay Ivey announced a pause on executions in order to review the procedures. The Republican governor cited concern for victims' families.

Miller was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks and Scott Yancy.
 
The settlement agreement likely prevents another execution attempt in the near future as Alabama has not announced procedures for using nitrogen hypoxia, and there will be litigation over the humaneness of the method before a state tries to use it.

Seventeen men have been executed in the U.S. this year, according to data compiled by the Death Penalty Information Center. 

The center says Alabama has carried out 70 executions since 1976, and there are currently 170 inmates on death row in the state.

Source: cbsnews.com, Staff, November 30, 2022





🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.




Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.

Prosecutors seek death penalty in 2 Georgia cases

AUGUSTA, Ga. (WRDW/WAGT) - Prosecutors are seeking the death penalty in two separate Georgia criminal cases. One involves the killing of a Gwinnett County police officer and another is over the death of a 4-year-old girl in Hall County . Kevin Andrews is charged in the death of 25-year-old Gwinnett County Police Officer Pradeep Tamang, who was shot and killed while investigating a credit card fraud case. Authorities said Andrews had an outstanding warrant and shot at officers without warning. Another officer, David Reed, was seriously injured.

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....

Florida executes Billy Kearse

Florida executes man who killed Fort Pierce police officer during 1991 traffic stop Moments before receiving a lethal injection, Billy Kearse asked for forgiveness from the family of Danny Parrish, whose widow said she found peace after a "long, long 35 years.” A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop was executed Tuesday evening, becoming the third person put to death by Florida this year after a record 19 executions in 2025.

Georgia | Death penalty sought against woman in brutal killing of 4-year-old

GAINESVILLE, Ga. — Prosecutors in Hall County are seeking the death penalty against a woman accused of the brutal killing of a 4-year-old girl whose body was found in a parked car last fall. In a court filing Monday, the State announced its intent to pursue capital punishment for Jessica Motes, who faces a litany of charges including malice murder, felony murder, aggravated battery, and first-degree cruelty to children. The case began on Oct. 26, 2025, when authorities discovered the body of 4-year-old Autumn Fox. The child’s remains were found inside the trunk of a vehicle parked at a Sam’s Club in Oakwood, approximately 50 miles northeast of Atlanta.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Supreme Court Denies Alabama Appeal, Allowing New Trial in Death Row Case

The U.S. Supreme Court has cleared the way for a new trial for one of Alabama’s longest-serving people on death row after declining to review a lower court ruling that prosecutors violated his constitutional rights by intentionally rejecting Black jurors.  According to an article written by the Associated Press, one of the longest-serving death row inmates in Alabama might receive a new trial after the U.S. Supreme Court rejected the state’s appeal of a lower court’s ruling that prosecutors had violated his rights by intentionally rejecting Black jurors.  According to the article, on Monday, the U.S. Supreme Court declined to review the ruling from the 11th U.S. Circuit Court of Appeals. This decision paved the way for Michael Sockwell, the 63-year-old death row inmate, to receive a new trial.

Alabama | Gov. Ivey commutes Charles “Sonny” Burton’s death sentence

MONTGOMERY, Ala. (WSFA) - Gov. Kay Ivey has commuted the death sentence of Charles “Sonny” Burton, who was set to be executed Thursday. The governor’s office released the following statement: “Governor Kay Ivey on Tuesday announced that she has commuted the death sentence of Charles L. Burton to life in prison with no chance of parole. Mr. Burton was convicted and sentenced to death for the 1991 capital murder of Doug Battle in Talladega, Alabama. As required by law, the governor first reached out to a representative of Mr. Battle’s family. She also notified the attorney general. Governor Ivey’s letter to Alabama Department of Corrections Commissioner John Hamm is attached.

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.