The attorney general’s office plans to ask justices to lift a stay blocking Thursday’s scheduled execution of 40-year-old Torrey Twane McNabb.
McNabb was convicted in the 1997 shooting death of Montgomery police Officer Anderson Gordon. Prosecutors say McNabb shot Gordon multiple times after he arrived at a traffic accident that McNabb caused while fleeing a bail bondsmen.
A federal judge stayed the execution after an appellate court ordered more proceedings in an inmate lawsuit claiming the state uses an unreliable sedative at the start of lethal injections.
The attorney general’s office argues the high court has allowed four executions with the drug.