OKLAHOMA CITY — With executions in Oklahoma scheduled to resume next month, a federal appeals court has agreed to an expedited timeline in a case of death row inmates challenging the state's lethal injection method.
The 10th U.S. Circuit Court of Appeals in Denver ordered attorneys for the inmates to file a brief in the case by Wednesday. The state's response is due Jan. 6.
A federal judge in Oklahoma City ruled last week the state's lethal injection protocols are constitutional. The inmates claim the use of the sedative midazolam as the first drug in a three-drug protocol presents a risk of unconstitutional pain and suffering. The drug was used for the first time during a botched execution in April.
Death row inmate Charles Warner is scheduled for execution Jan. 15.