Alabama’s Department of Corrections is scheduled to execute 40-year-old Torrey Twane McNabb this evening. But as of now, a stay on that execution remains in place.
Yesterday, the 11th U.S. Circuit Court of Appeals upheld the stay to allow for additional proceedings in McNabb’s lawsuit. He and other Alabama death row inmates are challenging the constitutionality of the state’s lethal injection protocol. Specifically, they argue the sedative midazolam can be ineffective, and might not render them unconscious before other drugs stop their lungs and heart.