Alabama seeks lethal injection execution for death row inmate after Supreme Court rejects nitrogen gas method

Alabama moved Friday to seek the execution of Jeffery Lee by lethal injection, just hours after the state was blocked from putting him to death using nitrogen gas.

The Alabama Attorney General’s Office asked the Alabama Supreme Court to issue a new death warrant for Lee, this time authorizing execution by lethal injection.

“In sum, ADOC has not been barred from executing Lee, only from executing him by nitrogen hypoxia,” state attorneys wrote in the filing.

A spokesperson for Lee’s legal team said there was no immediate comment. His attorneys are expected to respond next before the Alabama Supreme Court considers the state’s request.

The latest filing came only hours after Alabama Attorney General Steve Marshall said the state would keep pushing to carry out Lee’s death sentence.

The U.S. Supreme Court on Thursday night declined to lift an injunction that prevents Alabama from executing Lee with nitrogen gas. That order was issued by a federal district judge, who found that the state’s nitrogen hypoxia protocol likely violated the Constitution’s prohibition on cruel and unusual punishment. The ruling did not prevent Alabama from using its other approved execution methods, including lethal injection or the electric chair.


A spokesman for Lee’s legal team said they did not have an immediate comment on the action. The next step is for his attorneys to respond to the request at the Alabama Supreme Court.

The filing came hours after Alabama Attorney General Steve Marshall promised to continue fighting to carry out Lee’s death sentence.

The U.S. Supreme Court on Thursday night refused to lift an injunction blocking the state from executing Lee with nitrogen gas. A district judge issued the injunction after finding the state’s nitrogen protocol violated the constitutional ban on cruel and unusual punishment. The injunction, however, did not block the state from using one of its other authorized methods, lethal injection or the electric chair, to put Lee to death.

Lee, 49, was scheduled to die by nitrogen hypoxia at 6 p.m. CT on Thursday, according to court filings. 

Lee has been incarcerated on the state’s death row since his conviction in a 1998 double murder and store robbery. The jury that presided over his criminal case voted 7-2 for Lee to receive a lifetime prison sentence rather than face the death penalty, but the trial judge overruled them. That practice, called “judicial override,” landed many inmates on Alabama’s death row before it was outlawed in 2017.

Alabama has consistently defended its nitrogen gas protocol as a humane alternative to lethal injection, the state’s primary execution method, which faced heavy scrutiny after several botched execution attempts. Legal challenges to the nitrogen gas method are set to go to trial in 2027.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Supreme Court turns away appeal from alleged 9/11 mastermind Khalid Sheikh Mohammed

Supreme Court Rejects Khalid Sheikh Mohammed’s 9/11 Appeal

Washington — The Supreme Court on Monday declined to revive plea agreements…
Reporter's Notebook: France braces for more unrest after parts of Paris spun out of control

Reporter’s Notebook: France Braces for Unrest After Paris Chaos

Paris is burning once again. But officials and analysts say this unrest…
CNN threatens lawsuit against Trump administration as Air Force One ban continues

CNN Threatens Lawsuit as Trump Air Force One Ban Continues

CNN is warning that it may pursue additional legal action against the…
Florida substitute teacher busted for allegedly kicking special needs student

Florida Substitute Teacher Accused of Kicking Special Needs Student

A Florida substitute teacher was arrested after allegedly kicking a student with…
NFL legend Eric Dickerson sues school over alleged racist abuse of son

NFL Legend Eric Dickerson Sues School Over Son’s Alleged Racist Abuse

The young son of NFL Hall of Famer Eric Dickerson was allegedly…
Indiana Democrat Jaime West reveals how many beers she downed before trainwreck interview

Indiana Lawmaker Jaime West Reveals Beers Before Trainwreck Interview

Indiana Democratic candidate Jaime West acknowledged Monday that she drank “three beers”…
Rep. Tom Suozzi snubbed by Long Island hometown cops as union backs GOP opponent

Long Island Police Union Backs GOP Rival Over Rep. Tom Suozzi

Rep. Tom Suozzi is facing a surprising political rebuke in his longtime…
Texas husband Jarmon Mattix fatally shot in front of his wife and sister after softball game

Texas Husband Jarmon Mattix Fatally Shot Before Wife, Sister After Softball Game

A Texas father was fatally shot in front of his wife and…
Zelensky touts 'positive signals from American side' after Norway summit, call with Rubio

Zelensky Cites Positive US Signals After Norway Summit, Rubio Call

WASHINGTON — Ukrainian President Volodymyr Zelensky said he saw encouraging signs after…
NYC's most haunted borough -- with 'wall-to-wall ghosts' -- revealed

Staten Island Named NYC’s Most Haunted Borough, Known for ‘Wall-to-Wall Ghosts’

Which New York City borough has the strongest reputation for paranormal activity?…
Texas prosecutors take death penalty off the table for man accused of murdering wife and fleeing to Italy

American May Return as Murder Charge Dropped in Pregnant Wife’s Death

Italy has approved the partial extradition of Texas murder suspect Lee Gilley…
SoCal beach city declares coastal emergency ahead of King Tides peak

Southern California Beach City Declares Emergency as King Tides Peak

Newport Beach has declared another local emergency as the Orange County coastal…