Georgia death row inmate Michael Wade Nance’s request for execution by firing squad has been denied, despite his claims of potential pain from lethal injection.
Quick Takes
- U.S. District Judge J.P. Boulee rejected Nance’s claim, citing lack of evidence for risk of severe pain.
- Nance argued lethal injection would cause cruel and unusual punishment due to his medical condition.
- The U.S. Supreme Court previously ruled Nance could challenge Georgia’s lethal injection protocol.
- Nance’s lawyers plan to appeal the decision, potentially leading to further examination of execution methods.
Supreme Court Ruling and Legal Background
The case of Michael Wade Nance, a Georgia death row inmate, has sparked a complex legal battle over execution methods. In a significant 5-4 decision, the U.S. Supreme Court ruled that Nance could challenge Georgia’s lethal injection protocol under federal civil rights law. This ruling overturned a previous decision by the 11th Circuit Court of Appeals, which had rejected Nance’s claims under Section 1983.
Justice Elena Kagan, writing for the majority, emphasized that Section 1983 can be used to compel changes in state laws to protect federal constitutional rights. The case was subsequently remanded to the 11th Circuit to determine if Nance’s civil rights claims were filed in time.
Michael Wade Nance, on Georgia's death row for a 1993 murder, argued that lethal injection could cause him severe pain due to his medical history and proposed a firing squad as an alternative. https://t.co/KBZMP27iTc
— FOX 5 Atlanta (@FOX5Atlanta) February 15, 2025
Nance’s Arguments and Medical Concerns
Nance, who was convicted of murder in 1993 and sentenced to death in 1997, argued that lethal injection would cause him cruel and unusual punishment due to his compromised veins and potential ineffectiveness of the sedative used. He proposed execution by firing squad as an alternative method, despite it not being currently approved in Georgia.
“Nance’s requested relief still places his execution in Georgia’s control. If Georgia wants to carry out the death sentence, it can enact legislation approving what a court has found to be a fairly easy-to-employ method of execution” stated Justice Elena Kagan. The Supreme Court’s decision highlighted that inmates challenging execution methods must prove a substantial risk of harm and propose feasible alternatives. Justice Kagan notably stated that Nance could propose execution methods not currently authorized by state law.
Recent Ruling and Future Implications
Despite the Supreme Court’s earlier ruling, U.S. District Judge J.P. Boulee recently denied Nance’s request for execution by firing squad. The judge ruled that Nance failed to provide sufficient evidence proving the potential for severe pain from lethal injection. A state doctor testified that Nance had undergone medical procedures requiring IVs without issues, contradicting Nance’s claims about his compromised veins.
Judge Boulee did not address the firing squad argument due to the lack of evidence for severe pain from lethal injection. Nance’s lawyers have indicated their intention to appeal this decision, which could lead to further judicial examination of the constitutionality of various execution techniques.
Ongoing Debate on Execution Methods
This case highlights the ongoing debate surrounding execution methods in the United States. While lethal injection remains the primary method in most states, including Georgia, some inmates and advocacy groups argue that it can cause unnecessary suffering. The discussion around alternative methods, such as firing squads, raises complex ethical and legal questions about what constitutes “cruel and unusual punishment” under the Eighth Amendment.
As Nance’s case continues through the appeals process, it may prompt further examination of state execution protocols and potentially lead to legislative changes in Georgia and other states. The outcome could have significant implications for how death penalty states approach executions in the future, balancing constitutional requirements with practical and ethical considerations.
Sources:
Justices rule for Georgia inmate seeking execution by firing squad
Judge denies Georgia death-row inmate’s request for firing squad
Judge rejects request from Georgia death row inmate to be executed by firing squad
