Death Row Killer who wants to be gassed with nitrogen has execution delayed

The Death Row killer who requested death through a fatal dose of nitrogen gas has had his execution delayed after paperwork submitted for his request went missing.

Alan Eugene Miller had requested his death sentence be carried out with nitrogen hypoxia as he has a fear of needles.

A judge had blocked the use of lethal injection in murderer Miller's case after ruling he "likely faces irreparable injury" should the usual execution method be carried out.

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The never-before-tried style of execution was approved in Alabama in 2018 but has yet to actually be trialled on a prisoner, with Miller likely the first person to receive the execution.

But not just yet, as the paperwork that rules Miller's execution can use the newly ruled lethal gas appears to have gone missing, with a judge issuing a preliminary injunction in place.

Miller was convicted of killing three men in a workplace shooting in 1999 and was sentenced to death, with a date set for Thursday subsequently cancelled after US District Judge R. Austin Huffaker found the state had lost the paperwork.

The judge wrote: "Miller will likely suffer irreparable injury if an injunction does not issue because he will be deprived of the ability to die by the method he chose and instead will be forced to die by a method he sought to avoid and which he asserts will be painful."

He added that the potential injury Miller could receive would be "the loss of his 'final dignity' – to choose how he will die".

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That "final dignity" appears to have been disagreed with by Alabama Attorney General Steve Marshal, who has since filed a notice to appeal the decision.

Miller's lawyers filed an injunction earlier this month to stop the execution, saying the rights of their client had been violated.

Miller says he submitted the request in June 2018, which was before his July 2018 deadline, but state officials say they never received any paperwork and are arguing that the murderer is attempting to postpone his death sentence.

Killer Miller has not argued that he should not be executed, The Mirror reported.

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