A federal judge refused a Georgia, prison prisoner He asked to be executed by shooting because he claims that deadly injection can cause pain.
Michael Wadi Nans, 63, has argued that the soothing quintet injection, which is the only way of implementation authorized in the country, could cause him severe pain due to his medical issues, in violation of his constitutional rights.
The American boycott judge, JP Boulee, spent on Thursday that NANCE had failed to prove that injections would lead to severe pain due to his medical history. For this reason, Bolile did not burden whether the fire division was a possible alternative.
Nans's lawyer, Anna Arseno, said they were planning to appeal the decision. The case was originally filed in January 2020 and has already moved to the US Supreme Court once.
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Michael Wadi Nans, 63, was sentenced to death for being convicted of murder in the killing of Gabor Balt in 1993. (The Ministry of Reforms Georgia)
He was sentenced to him The condemnation of murder In 1993, Gabor Balt died. Nans had just stole a bank in Guinte Province and abandoned his private car after the dye bundles exploded in the stolen money. Balog was back away from a parking space in a winery store across the street when Nance opened the car door and fired it deadly.
Nans's lawyers have argued that his veins are difficult to locate in sight and that those that can be seen are at risk. They said that there is a great danger that his veins could “blow” during the execution, causing the medication to leak into the surrounding tissues and cause severe pain.
His lawyers have also argued that his long -time use of the drug to treat back pain can lead to the fact that the pantobarbital used in deadly injection is ineffective or less effective.
The judge said that a doctor witnessed the state during a The trial of the bench In May, I suggested that Nans had undergone three separate medical procedures since the lawsuit required IV and there were no problems.
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Gurney used in deadly injections in a small building building Sondeer in Georgia's Diagnostic Prison and Classification in Jackson, Georgia, September 7, 2007. (Bin Jaray/Atlanta Journal-Constitution via AP)
Treating whether Nans's long -time use of pain drugs could interfere with the fatal injection drug, Boulee referred to the testimony of the doctor who is called Nans's lawyers who said “No one knows” what will be the effect.
The United States Supreme Court said that in order for the inmate to challenge the method of execution by the eighth amendment, they must prove that it creates a “great danger of severe harm” and that there are “known and available alternatives” that “possible, and ease of implemented” that would reduce significantly Of the risk of extreme pain, which is why Nans's lawyers suggest the shooting team.
Boulee spent in March 2020 that Nans's arguments were procedural because he had waited a long time to attend them and that he failed to prove how to violate his constitutional protection against the harsh and unusual punishment.
Nans and concluded a committee from the eleventh court of Appeal from the American Court of Appeal that since the deadly injections are the only way to implement the Georgia Law, he was actually challenging the validity of the death penalty, which the committee said was forbidden to do from work.
Van Pots Van is withdrawn to Georgia State Prison for Diagnosis and Classification, April 12, 2016, in Jackson, Georgia, before the scheduled execution. (Bin Jaray/Atlanta Journal-Constitution via AP)
The US Supreme Court, which canceled the eleventh circle ruling. Judge Elena Kagan wrote in the opinion of the majority that he “was not limited to proposing an accredited method of the law of the implementing state” when he defied the way of Georgia. She said that there is no reason to believe that changing the state law to allow the death by the launch of Fresh will be a “great obstacle” in the execution.
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Then the case returned to the return of Boulee, who held a trial on the bench in May. During that trial, the certificate was submitted on the pretext that the execution by launching the fire squad will lead to a rapid death. But since Nans failed to prove that his medical problems would lead to severe pain during the deadly injection, the judge said that he “did not need to treat” the proposal of the proposed shooting squad.
The Associated Press contributed to this report.
