The Nevada Supreme Court has ruled in favor of using an untested drug in a lethal injection to put convicted murdered Scott Dozier to death.

The justices unanimously overturned a District Court ruling on Cisatracurium, the third ingredient in a three-drug cocktail that the Department of Corrections proposed to use to put Dozier to death.

After concerns were raised by the Federal Public Defender about the unnecessary suffering that might be caused by the drug, the district court prohibited its use.

But the Clark County District Attorneys Office and the corrections department appealed and the Nevada Supreme Court sided with them.