In Unprecedented Development, Eleventh Circuit Injects Itself into State’s Execution Protocol and Orders State of Alabama to Provide Further Protections in Doyle Hamm Execution


In another extraordinary moment in this unprecedented litigation over the special protocol needed for Doyle Hamm because of his lymphatic cancer and venous condition, it is the Eleventh Circuit this time that is interjecting itself right into the state’s method of execution. The Eleventh Circuit orders the state of Alabama to provide, in six hours:

1. A sworn affidavit by someone with knowledge and authority on the matter addressing whether Appellees will in fact follow the stipulation made on the record before the district court;

2. A sworn affidavit by someone with knowledge and authority on the matter addressing whether ultrasound technology and an “advanced level practitioner” (i.e., a CRNA, PA, or MD) will be present for Hamm’s execution; and

3. A sworn affidavit by someone with knowledge and authority on the matter indicating whether Appellees are in fact capable of administering an intravenous line through Hamm’s great saphenous veins.

The Eleventh Circuit’s opinion is here: