The U.S. 6th Circuit Court has affirmed the 6th Circuit panel’s decision to overturn the stay of Sedley Alley’s execution that District Court Judge Aleta Traugher had put in place to await the Supreme Court ruled on whether or not current lethal injection protocols are unconstitutionally cruel. So, as of right now, Sedley Alley’s attorneys are headed to the Supreme Court to ask them to stay the execution until they have a chance to rule on the constitutionality of the lethal injection procedure.

With 12 hours left until the scheduled execution, the Supreme Court is also being asked to order that the physical evidence in Alley’s case be released for DNA testing. Both decisions are expected late today or tonight.

We are also still awaiting a decision from the Governor as to whether or not he will follow the recommendation of the pardon and parole board to issue a temporary stay and release the evidence for DNA testing.

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