Nevada's execution drugs expiring as legal battle continues

Floyd's lawyers say that he'd prefer to be killed by firing squad or single-dose lethal injection

Nevada prison officials say one of the drugs they originally planned to use this month in the state’s first execution of an inmate in 15 years expires July 31 and another expires six weeks after a new evidentiary hearing a judge has scheduled in October to decide if or when four-time convicted killer Zane Floyd will receive a lethal injection.

The state’s lawyers said in new court filings Thursday two of the other four drugs in the four-drug execution protocol they’ve submitted to the court are available at least through February.

And corrections' officials told the judge before he ordered a delay in the execution on Monday that they have access to similar drugs that could substitute for the two closest to expiration.

FILE - In this March 2021, file photo provided by the Nevada Department of Corrections, shows convicted murderer Zane Michael Floyd, 45, an inmate at Ely State Prison. (Nevada Department of Corrections via AP, File (Nevada Department of Corrections via AP)

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In addition, the order blocking the execution previously scheduled the week of July 26 is subject to appeal by the state for another two weeks.

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Floyd’s lawyers he’d prefer to be killed by a firing squad or a single-dose of a powerful barbiturate than a combination of drugs that’s never been tried before in an execution.

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"Nevada seeks to execute Floyd using a novel, experimental and arbitrary protocol, unnecessarily risking that Floyd will suffer severe pain during his execution," they wrote Thursday.

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