A judge whose order to remove one of three drugs from a never-before-tried lethal injection protocol stalled Nevada’s first scheduled execution in 11 years says the next step in the case is up to the state Supreme Court.
Clark County District Court Judge Jennifer Togliatti said during a brief hearing Tuesday in Las Vegas that she’s done hearing arguments until the justices review her decision and decide if the protocol under consideration for Scott Dozier’s execution is viable for use in Nevada.
Togliatti said she knows the ruling could also affect other states.
Some have struggled in recent years to identify and obtain drugs from pharmaceutical companies that don’t want their products used for the death penalty.
Dozier is a twice-convicted murderer whose Nov. 14 execution was canceled. He insists he wants his sentence carried out.