A federal appeals court has rejected a challenge to Delaware’s execution of convicted ax murderer Robert Jackson III.
Jackson was executed July 29, but his lawyers challenged the use of pentobarbital for the execution. A stay of execution was denied as Jackson’s lawyers argued the drug can cause pain and suffering.
The ruling today states the Delaware judge did not abuse her discretion when she ruled against Jackson, as the Associated Press reports. The decision was made even though Jackson is already dead, because the ruling could have an impact on other death row inmates facing pentobarbital thanks to a shortage of sodium thiopental.
Jackson was convicted in a 1992 ax murder, though he maintained his innocence even as he was about to be executed.