"Court revives Alabama inmate's execution appeal," is the AP report via the Montgomery Advertiser.
A federal appeals court has revived an Alabama death row inmate's challenge of his state's new three-drug lethal injection protocol.
The 11th U.S. Circuit Court of Appeals on Wednesday reversed a judge's decision that dismissed Thomas Arthur's appeal.
Deputy Alabama Attorney General Clay Crenshaw said the 11th Circuit ruling does not automatically stop Arthur's execution scheduled for March 29 at Holman Prison in Atmore. Defense attorneys still must ask a court to grant a stay.
The three-judge panel's decision said the judge who dismissed Arthur's appeal should have considered whether the swap constituted a "significant change" to Alabama's execution protocol.