Alan Eugene Miller’s attorneys have argued that Miller completed a form opting to die by nitrogen hypoxia instead of lethal injection.
In a flurry of court filings over the long holiday weekend, the AG’s Office argues that Miller’s lawsuit should be thrown out because Miller’s complaints are barred by the statute of limitations. “Miller sat on his hands and his rights after he says he was subjected to unconstitutional acts committed by a previous warden of Holman Correctional Facility and her subordinates in June 2018,” attorneys from the AG’s Office wrote.
Miller’s team asked the judge to make the state hand over certain pieces of evidence by Friday, so they can review those documents ahead of an evidentiary hearing set for Sept. 12.
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