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Offbeat Nevada judge halts use of drug in planned execution

22:20  11 july  2018
22:20  11 july  2018 Source:   msn.com

Nevada plans to execute inmate next week using controversial drug

  Nevada plans to execute inmate next week using controversial drug The Nevada Department of Corrections released its plan Tuesday to execute convicted killer Scott Dozier next week by using a controversial, never-before-tried cocktail of drugs that includes the use of a paralytic. Dozier, 47, has been on death row in Nevada since he was convicted 11 years ago of killing and dismembering Jeremiah Miller in Las Vegas. He also was convicted of murder in Arizona.His execution is set for the night of July 11.The case has drawn national scrutiny as Nevada attempts to use the paralytic drug cisatracurium in conjunction with midazolam and fentanyl.

LAS VEGAS -- A Nevada judge is halting the use of a drug in the execution of twice-convicted killer Scott Raymond Dozier hours before he was scheduled to die by a first-of-its-kind lethal injection mixture.

Read more. ‘No adequate veins’ for injection: Cancer-hit inmate’s execution halted in Alabama. Making its case, the advocacy group pointed out that it is illegal to use cisatracurium for euthanizing pets in Nevada . However, the same Clark County District Court judge , Jennifer Togliatti, who

AP Photo: This undated Nevada Department of Corrections photo shows death row inmate Scott Raymond Dozier, who was convicted in 2007 of robbing, killing and dismembering a 22-year-old man in Las Vegas, and was convicted in Arizona in 2005 of another murder and dismemberment near Phoenix. Dozier is slated to die Wednesday, July 11, 2018, by a three-drug lethal injection combination never before tried in any state and has said repeatedly he wants his sentence carried out and he doesn't care if it's painful. (Nevada Department of Corrections via AP) © AP Photo This undated Nevada Department of Corrections photo shows death row inmate Scott Raymond Dozier, who was convicted in 2007 of robbing, killing and dismembering a 22-year-old man in Las Vegas, and was convicted in Arizona in 2005 of another murder and dismemberment near Phoenix. Dozier is slated to die Wednesday, July 11, 2018, by a three-drug lethal injection combination never before tried in any state and has said repeatedly he wants his sentence carried out and he doesn't care if it's painful. (Nevada Department of Corrections via AP) Update: Nevada judge halts use of drug in planned execution, delaying Nevada's death by lethal injection after drugmaker sues .

High court denies stay of execution for condemned killer

  High court denies stay of execution for condemned killer Ohio's Supreme Court has denied a condemned killer's motion to stay his execution. The court denied death row inmate Robert Van Hook's motion Thursday without additional comment. He was sentenced to die for fatally strangling and stabbing David Self in Cincinnati in 1985. His execution is set for July 18.Van Hook had filed a motion seeking the execution delay while he pursues a challenge in a lower court to Ohio's adoption of its lethal injection protocol.

But District Judge Jennifer Togliatti denied the use of a paralytic drug called cisatracurium, and in turn granted a request from the prison’s lawyers to “Recent court hearings about the state’s experimental execution plan only confirmed the ACLU of Nevada ’s concerns about the likelihood of a botched

Nearly a year ago, Nevada death row inmate Scott Dozier asked to be executed , telling a state court judge he would forego his appeals. “It’s pretty troubling that Nevada has responded to the industry opposition to the use of ‘traditional’ execution drugs in executions by coming up with an entirely

Previous: LAS VEGAS (AP) — A pharmaceutical company urged a judge to block the use of one of its drugs to execute a two-time killer Wednesday night, saying the state of Nevada obtained the product through "subterfuge" for unapproved purposes.

Alvogen's objections — aired at a hearing that unfolded less than 11 hours before Scott Raymond Dozier was to be put to death with a three-drug injection never before tried in the U.S. — threatened to put the execution on hold.

Todd Bice, an attorney with New Jersey-based Alvogen, accused the state of deceptively obtaining the company's drug by having it shipped to a pharmacy in Las Vegas rather than the state prison in Ely. Alvogen sent a letter to state officials in April telling them it opposes the use of its products in executions, particularly the sedative midazolam, Bice said.

Nevada execution plans to use sedative blamed for troubles elsewhere

  Nevada execution plans to use sedative blamed for troubles elsewhere A sedative that Nevada prison officials plan to use next week for the first lethal injection in the state since 2006 has been blamed for problems during executions.The U.S. Supreme Court ruled in 2015 that the drug, midazolam, can be used in lethal injections. But the American Civil Liberties Union of Nevada pointed Thursday to Arizona's decision to stop using it following an execution that took nearly two hours to kill Joseph Rudolph Wood a year earlier.

Nevada prison officials plan to substitute one sedative for another, and use two other drugs never before used in executions when the state conducts its first execution in 12 years..

Drug maker Alvogen claims Nevada officials illegally obtained its product for use in the execution . The previous challenge filed last year by a different company in Arkansas was unsuccessful in halting that execution . Clark County District Court Judge Elizabeth Gonzalez scheduled a Wednesday

A second pharmaceutical company, Sandoz, also raised objections Wednesday to the use of one of its drugs — the muscle-paralyzing substance cisatracurium — in the execution. But the company did not immediately ask to formally join Alvogen's lawsuit.

A third company, Pfizer, last year demanded Nevada return the third drug intended for use in the execution, the powerful opioid fentanyl. But the state has refused. Fentanyl, which has been blamed for deadly overdoses across the country, has not been used before in an execution.

Jordan T. Smith, an assistant Nevada solicitor general, countered at Wednesday's hearing that Nevada didn't put up a "smokescreen" or do anything wrong in getting the drugs. He said drugs ordered by the state prison system are regularly shipped to Las Vegas.

"This whole action is just PR damage control," Smith said of Alvogen.

Pharmaceutical companies have resisted the use of their drugs in executions for 10 years, citing both legal and ethical concerns. However, the legal challenge filed by Alvogen is only the second of its kind in the U.S, said Robert Dunham, executive director of the Death Penalty Information Center in Washington. The previous challenge, filed last year by a different company in Arkansas, was unsuccessful in halting that execution.

With 7 execution dates on the calendar, Texas just got more lethal injection drugs

  With 7 execution dates on the calendar, Texas just got more lethal injection drugs Amid speculation about its ability to carry out the flurry of new executions on the calendar, the Texas prison system in recent weeks received 15 more doses of the powerful barbiturate used in its Huntsville death chamber. The new shipment ensures that the state can now carry out all the currently scheduled death dates, but some experts say it raises questions about how officials obtained new supplies of pentobarbital at a time when drug-makers have backed away from their use in executions.

Arkansas suffered two more legal setbacks on Wednesday in its unprecedented plan to carry out multiple executions this month when the state supreme court halted one and a judge later ruled that the state cannot use one of its drugs in any executions .

LAS VEGAS (AP) — The Latest on a plan for Nevada to use an untried three- drug combination to execute its first death-row inmate in 11 years (all times local) ____ 2:30 p.m. Nevada 's first inmate execution in 11 years is in doubt after a state court judge ordered a paralytic drug removed from a

Alvogen's midazolam was substituted in May for Nevada's expired stock of diazepam, commonly known as Valium. Nevada's new execution protocol also calls for the use of fentanyl to slow the inmate's breathing and cisatracurium to stop his breathing.

Dozier, who attempted suicide in the past, has said he prefers execution to life behind bars.

"Life in prison isn't a life," the 47-year-old Army veteran and methamphetamine user and dealer told the Las Vegas Review-Journal recently. In court hearings and letters, he said there is a limit to how much artwork and exercise a person can do in prison.

Dozier was sentenced to death in 2007 for robbing, killing and dismembering 22-year-old Jeremiah Miller at a Las Vegas motel in 2002. Miller had come to Nevada to buy ingredients to make meth. His decapitated torso was found in a suitcase.

In 2005, Dozier was sentenced to 22 years in prison for shooting to death another drug-trade associate, 26-year-old Jasen Greene, whose body was found in 2002 in a shallow grave outside Phoenix. A witness testified Dozier used a sledgehammer to break Greene's limbs so the corpse would fit in a plastic storage container.

Though Dozier dropped attempts to save his own life, he allowed federal public defenders to challenge the execution protocol. They argued that the untried three-drug combination would be less humane than putting down a pet.

Midazolam has been used with inconsistent results in states including Alabama, Arkansas, Arizona, Florida and Ohio. In 2014, an inmate in Ohio and another one in Arizona were left gasping and snorting before they died in what death penalty foes called botched executions.

Nevada's last execution was in 2006.

___

Associated Press writers Lindsay Whitehurst and Julian Hattem in Salt Lake City contributed to this report.

'I'm no good': Cincinnati killer Robert Van Hook executed by lethal injection .
Robert Van Hook, a death row inmate who brutally killed a man in his Hyde Park apartment in 1985, is dead. He was pronounced dead at 10:44 a.m. Wednesday at a Lucasville, Ohio, prison by lethal injection -- a combination of three drugs.

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