Nevada execution in doubt after drug company sues to stop it

The mugshot of Scott Raymond Dozier. NEVADA DEPARTMENT OF CORRECTIONS

The state of Nevada had not yet appealed by midday.

That case wound up in the Nevada Supreme Court, where the justices unanimously overturned the district judge's ruling in May, according to CNN affiliate KSNV.

The execution of 47-year-old Dozier is scheduled for Wednesday night. He repeatedly said he wants his sentence carried out despite if it is painful.

Clark County District Judge Elizabeth Gonzalez scheduled a hearing Wednesday to decide if the execution can take place just hours later.

The order is the first time a drug company has successfully sued to halt an execution in the US involving one of its drugs.

According to the pharmaceutical company, the state obtained their drug illegally, and Alvogen wants that drug returned to them.

A Nevada prisons spokeswoman did not comment. State officials could appeal right away to the Nevada Supreme Court.

Las Vegas defense attorney Scott Coffee, who analyzes death penalty cases across the country, pointed to the drug company's reference to irreparable harm and said that even if the judge denies Alvogen's request, the company could pursue the claim with a higher court.

In the lawsuit, Alvogen asks for a temporary restraining order and preliminary or permanent injunctive relief preventing the use of any drug manufactured by the company, including Midazolam, in carrying out any capital punishment.

According to the Review-Journal, Gonzalez has scheduled a status hearing in the case for September 10, while Dozier's death warrant expires at the end of the week.

Pharmaceutical companies have resisted the use of their drugs in executions for 10 years, citing legal and ethical concerns. 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.

Pharmaceutical companies have been resisting the use of their drugs in executions for 10 years, citing both legal and ethical concerns, but McKesson Corp. became the first company to sue in the USA last year over use of its product in an Arkansas execution, said Robert Dunham, executive director of the Death Penalty Information Center.

New Jersey-based Alvogen says in a lawsuit filed Tuesday it doesn't want its product used in "botched" executions.

Knee Injury Knock Croatian Defender Out of World Cup
I've not met many players as driven as Luka, and I've seen even fewer who are as talented as him. Martinez, a Spaniard, is two wins away from guiding Belgium to its first title.

SA’s Kevin Anderson stuns Roger Federer in quarter-final cliffhanger
The world No 1 said: "Of course it's an important result for me". "But today we savour this man's heroic character and tennis". Top seed Federer, who was aiming for a record-equalling ninth singles title, missed a match point in the third set.

Germany ‘totally controlled by Russia,’ Trump tells North Atlantic Treaty Organisation chief
He recently suggested that his relationship with Putin is "easier" than his relationships with USA allies in Britain and Europe. In the US , reaction was mixed. "Many countries are not paying what they should", Trump said.

A third company, Pfizer, past year demanded Nevada return the third drug intended for use in the execution, the powerful opioid fentanyl.

Last year, the state refused to return its stock of fentanyl and diazepam to drug company Pfizer.

The sedative is expected to render Dozier unconscious before he is injected with the powerful synthetic opioid fentanyl, which has been blamed for overdoses nationwide but has not been used in an execution.

Assistant Solicitor General Jordan Smith, who represents the prison system, is expected to argue via video conference from Ely at Wednesday's hearing.

Alvogen said that Nevada law is clear that it is an offence to obtain a controlled drug "by misrepresentation, fraud, forgery, deception, subterfuge or alteration". Nevada's new execution protocol also calls for the use of fentanyl to slow the inmate's breathing and cisatracurium to stop his breathing.

Midazolam has been used with inconsistent results in states including Alabama, Arkansas, Arizona, Florida and Ohio.

It was the American Civil Liberties Union of Nevada that sued and forced the state to release details about where it obtained its execution drugs.

For all the maneuvering on his behalf, Dozier, who attempted suicide in the past, has said he prefers execution to life behind bars. 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 die in 2007 for first-degree murder with a deadly weapon and robbery with a deadly weapon in the slaying of Jeremiah Miller.

He was convicted of second-degree murder in the Arizona slaying of Jasen "Griffin" Greene and sentenced to 22 years in prison in 2005, before he was brought to Nevada to face charges in Miller's death. His decapitated torso was found in a suitcase in an apartment building trash bin, also missing lower legs and hands.

He did, however, let federal public defenders review and challenge the execution protocol drawn up past year by state medical and prison officials. A witness testified that Dozier used a sledgehammer to break Greene's limbs so the corpse would fit in a plastic tote that Dozier used to transport methamphetamine, equipment and chemicals.

Though Dozier dropped attempts to save his own life, he allowed federal public defenders to challenge the execution protocol.

Related News:

  • Japan's Nishikori beats out-of-sorts Kyrgios to reach last 16

    Japan's Nishikori beats out-of-sorts Kyrgios to reach last 16

    Open, won the Court Two match on the second match point in the following game when Gulbis, now limping badly, hit a return long. Djokovic has only recently returned from injury and Nishikori understands his struggles. "It's always big challenge", he said .
    Suker Backs Croatia 'Role Model' Modric for Ballon d'Or

    Suker Backs Croatia 'Role Model' Modric for Ballon d'Or

    Something has to change and, next to me, Claude Makélélé knows it too. "This is what drives, that is our petrol", Dalic said. We built the foundation for our house in 98, and now we're building the second floor ".
    England fans celebrate World Cup win over Sweden at IKEA

    England fans celebrate World Cup win over Sweden at IKEA

    Dele Alli believes this England squad is bringing the country together as they chase World Cup glory in Russian Federation . Sports analysts differently assess the teams ' chances of reaching the final of the world championship.
  • Israel Closes Crossing Point Into Gaza, Halting Imports and Exports

    Israel Closes Crossing Point Into Gaza, Halting Imports and Exports

    Mahmud Abu Ataya, 25, who recently suffered a leg wound east of Gaza City, said: "I am leaving to be cared for overseas ". New restrictions are likely to raise doubts among the Palestinians that Israel is in a mood to make a deal.
    England fans make late dash to Russian Federation  for World Cup semi-final

    England fans make late dash to Russian Federation for World Cup semi-final

    Fans have been dancing in the town's streets and chanting It's Coming Home following England's wins earlier in the tournament. But Southgate revealed he could not listen to it for many years.
    Australia' Glenn Maxwell explains why he didn't shake Sarfraz Ahmed's hand

    Australia' Glenn Maxwell explains why he didn't shake Sarfraz Ahmed's hand

    Maxwell took to Twitter on Monday, explaining that the incident was nothing more than a "genuine oversight" on his part. The Pakistan wicketkeeper-batsman had his hand exchanged ready for a handshake but Maxwell appeared to ignore it.
  • Kylie Jenner's net worth nears $1 billion, richer than Kim Kardashian

    Kylie Jenner's net worth nears $1 billion, richer than Kim Kardashian

    Kylie Jenner just landed a cover of a magazine nobody was expecting: Forbes' America's Women Billionaires issue. And let's not sleep on this, her momager Kris Jenner no doubt is set for a hefty chunk of the change.
    Irish Open: Winning putt is dream come true says champion Russell Knox

    Irish Open: Winning putt is dream come true says champion Russell Knox

    The New Zealander had that putt for the title but missed on the high side and the pair were left to go back up the last. However, a second monstrous putt from Knox put the pressure back on Fox to hole out to get it to a second playoff hole.
    Say 'hello' to the DJI Mavic Pro 2 drone

    Say 'hello' to the DJI Mavic Pro 2 drone

    All other stylistic and mechanics of the drone remain most similar to its predecessor than the more recent Mavic Air . But you might want to hold off on buying either one, because it looks like a new DJI Mavic 2 has just leaked out.
  • Official Trailer for Sony's 'Goosebumps 2: Haunted Halloween' Sequel

    Official Trailer for Sony's 'Goosebumps 2: Haunted Halloween' Sequel

    Haunted Halloween stars Madison Iseman , Jeremy Ray Taylor , Caleel Harris , Wendi McLendon-Covey, Chris Parnell , and Ken Jeong . Sony Pictures has debuted the first trailer for horror comedy sequel Goosebumps 2: Haunted Halloween , based on R.L.

    Ozone-depleting chemical 'tracked down to Chinese industry'

    However, since the protocol was signed in 1987, this weapon of last resort has never been used and it's not expected in this case. There was a concern among some experts that the chemical was being used to secretly enrich uranium for use in nuclear weapons.
    U.S.  unveils $200 billion list of China imports for tariffs

    U.S. unveils $200 billion list of China imports for tariffs

    The U.S. imposed an initial round of 25% tariffs, applying to $34 billion in imports, as part of a $50 billion tariff plan. President Donald Trump faced unusually blunt criticism from within his own party, as one of the U.S.


Most liked

Rudy Gobert reacts to France reaching the FIFA World Cup finals
He also said that he would be flying to Russian Federation to watch the final, adding: "I'm just waiting on my visa. But not everyone from Bournemouth will be rooting for Harry Kane , Harry Maguire and Jordan Henderson .

Broadband speeds rise in developed markets but United Kingdom drops in ranking
Compared to many other countries both in and out of Europe, the United Kingdom has simply come too late to a full fibre solution. By contrast 25 of the worst performing countries were in Africa, 12 the Middle East, 10 in Asia, and three in South America.

Mike Pence: 'I Do' Still Want Roe v. Wade Overturned
Wade overturned, Pence replied, "I do, but I haven't been nominated for the Supreme Court". In a separate interview with Fox News' Brett Baier Tuesday, Pence was shown video of Sen.

Alexander Zverev defeats Taylor Fritz in Wimbledon second round
I think that he's going to be able to do it'. "Today in the warmup, I was actually maybe thinking about it, not to play at all". Meanwhile, Zverev seemed to have the match under control when he rallied from a break down to take the third set.

Israeli Patriot missile intercepts drone from Syria - IDF
Netanyahu's national security adviser, Meir Ben-Shabbat, also participated in the meeting. However, there have recently been signs of an emerging compromise among key players.

Scientists capture iceberg breaking away from a glacier in Greenland
The process by which ice breaks away from a glacier is known as calving . "Global sea level rise is undeniable and consistent". Such events could help researchers understand how glaciers will respond to natural variability and human-induced changes.

Cardi B and Offset announce the birth of their daughter
Cardi chose to share the news with the world by pulling another Beyoncé move and unveiling her bump without saying a word. Getting married was one of those moments! She added that they had woken up one morning and "decided to get married".

Shazam! Debuts First Official Look At Zachary Levi in Costume
The role was previously reported to belong to Ron Cephas Jones , but his casting never came together due to a scheduling conflict. Today, we've learned who'll be playing The Wizard, the ancient sorcerer who granted Billy Batson with those powers.

West Ham sign Andriy Yarmolenko from Borussia Dortmund on four-year deal
The Magpies have stood firm on their stance that the defender would not be sold, despite widespread interest. West Ham have signed Ukraine winger Andriy Yarmolenko from Borussia Dortmund on a four-year deal.

England pledge to attack Croatia in World Cup semi-final
Now, this is a massive day for the English team, it's their first World Cup semi-final in 28 years. Indeed, this first World Cup meeting between the pair will have a historic outcome.

Terry Francona, Carl Willis Victimize Indians With Bizarre Bullpen Mix-Up
Francona's affinity for nicknames - Perez is "OP;" Otero is "OT" - cost him dearly, too. "That one lands squarely on me". The score remained 4-0 until the ninth when Jose Peraza singled for the Reds' first run.

Home Grief For Novak Djokovic For Backing Croatia In World Cup 2018
Djokovic overcame a series of rows with the chair umpire to record a 6-3 3-6 6-2 6-2 victory over Japan's former US Open finalist. The 12-time major victor prevailed despite picking up two code violations and accusing umpire Carlos Ramos of "double standards".

Angels prospect Jo Adell to play in Futures Game
Legends and Celebrity Softball Game - Baseball and softball legends take the field with celebrities at Nationals Park. Monday delves into the history of the Washington Nationals, honoring current and former members of the team.

Cardi B files $15m Countersuit against Former Manager
Shaft named both men in the suit, in addition to Patientce Foster, who's Cardi B's publicist/stylist, according to Variety . Cardi B , who filed a countersuit on Thursday, is looking to have management and recording agreements declared void.

Apple's Chinese Censorship Features Caused iPhone Crashing Bug
Any company that wants to do business in China has to abide by the draconian censorship laws imposed by the country's government. A BUG in iOS 11.3 saw iPhones in China go to Borksville everytime the word "Taiwan" was written or the country's flag was used.