The Latest: Court may hear appeal of Nevada execution delay

The Latest on the execution of twice-convicted killer in Nevada (all times local):

12:15 p.m.

The Nevada Supreme Court could hear an appeal Wednesday afternoon of a judge’s ruling to halt the use of a drug in the execution of a twice-convicted killer.

Court spokesman Michael Sommermeyer says that some of the seven justices are in Chicago for a Nevada State Bar Association meeting, but that the court could meet by teleconference.

The state of Nevada had not yet appealed by midday. The state said it would explore whether it could appeal to the Nevada Supreme Court.

Scott Raymond Dozier’s execution had been scheduled to take place Wednesday evening. Dozier has said repeatedly he wants to die.

Clark County District Court Judge Elizabeth Gonzalez ordered the delay after a hearing in which drugmaker Alvogen said the Nevada obtained the product through “subterfuge” for unapproved purposes.

If the ruling sticks, Alvogen would become the first drugmaker to successfully sue to halt an execution.

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11:24 a.m.

A Nevada judge is halting the use of a drug in the execution of a twice-convicted killer hours before he was scheduled to die by a first-of-its-kind lethal injection mixture.

Clark County District Court Judge Elizabeth Gonzalez ordered the delay Wednesday morning in response to a challenge by New Jersey-based drug maker Alvogen, which says it doesn’t want its product, midazolam, used in “botched” executions.

The order is the first time a drug company has successfully sued to halt an execution in the U.S. involving one of its drugs. A previous challenge in Arkansas was unsuccessful.

Scott Raymond Dozier’s execution had been scheduled to take place Wednesday evening in the northeastern Nevada town of Ely.

Dozier has said repeatedly he wants to die and doesn’t care if it’s painful.

His would be the first execution in Nevada since 2006.

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10:08 a.m.

Three drug companies have now objected to Nevada’s efforts to use their drugs to execute a man via lethal injection.

Drugmaker Alvogen filed a lawsuit that went before a judge Wednesday seeking to prevent its sedative midazolam from being used in a lethal injection for twice-convicted killer Scott Raymond Dozier.

Alvogen attorney Todd Bice says the state duped its regular pharmaceutical distributor, Cardinal Health, into selling the drug after Alvogen made clear that it opposed the use of its products in executions.

Assistant Solicitor General Jordan Smith says Nevada never tried to hide its purpose. He said Alvogen didn’t have a contract in place with Cardinal Health that would have blocked the drug’s sale for executions.

Cardinal Health did not immediately respond to phone or email requests for comment.

Sandoz, which produces other drugs Nevada plans to use in the execution, said it wanted to object to the procedure although it hasn’t yet joined the suit.

Pfizer last year demanded that Nevada return its drugs that the state intended to use for the execution. Nevada has refused.

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9:20 a.m.

A second drug company is asking to intervene in a last-minute Nevada court hearing hours before a twice-convicted killer is scheduled to be executed by lethal injection.

Drug company Sandoz wants to join New Jersey-based drugmaker Alvogen in its objection to the Wednesday evening execution of Scott Raymond Dozier.

Sandoz produces the paralytic cisatracurium and the synthetic opioid fentanyl, which are two of the three drugs Nevada had planned to use on Dozier in a first-of-its-kind combination.

Alvogen produces the sedative midazolam, which Nevada Department of Prisons Brooke Santina says Wednesday was the first drug scheduled to be used on Dozier according to the protocol signed by department director James Dzurenda. She says she did not know of any alternative.

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10:57 p.m.

A man scheduled to be executed in Nevada on Wednesday is steadfast in his desire to be put to death, but a final-hour lawsuit by a drug company could halt his lethal injection.

New Jersey-based Alvogen says in a lawsuit filed Tuesday it doesn’t want its product used in “botched” executions.

Clark County District Court Judge Elizabeth Gonzalez scheduled a same-day hearing Wednesday morning to decide if Scott Raymond Dozier’s execution can take place 11 hours later in the northeastern Nevada town of Ely.

A Nevada prisons spokeswoman did not comment.

Dozier has said repeatedly he wants to die and doesn’t care if it’s painful.

The lawsuit is the second legal challenge to an execution by a drug company in the U.S.

A previous challenge in Arkansas was unsuccessful.

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