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Since these incidents, Arizona, Florida, and Kentucky have removed midazolam from their execution procedures.
The judge, Peter J. Messitte of Federal District Court, cited the state's failure to provide Mr. Oken's lawyers with details on execution procedures until Friday.
Gov. Phil Bredesen has ordered a review of state execution procedures and delayed four executions planned in the next 90 days.
Fallin stayed Warner's execution for fourteen days and has ordered a full review of execution procedures, "to determine what happened and why".
Department of correction spokeswoman Cathy Frye said the department purchased the drugs last month and the protocol that sets the guidelines for execution procedures was finalized 6 August.
In particular, she said, they may be able to demand that state corrections departments provide them more information about execution procedures.
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That they'd leave no room for error, no reason to query their new execution procedure.
Mr. Wilson's lawsuit challenges the method rather the constitutionality of the execution procedure.
This lack of transparency prevents the courts from assessing the constitutionality of VDOC's execution procedure".
Mr. Emerson said Alabama's execution procedure was similar to Tennessee's, and thus needed to be altered.
The United States Supreme Court lifted a stay of execution that it granted last week to a death row inmate who said part of the execution procedure was unconstitutional.
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