A Fulton County Judge has issued a stay of execution for Warren Lee Hill, currently set to die tomorrow night. Reports Bill Rankin of the AJC:
A Fulton County judge on Thursday kept in place a stay of execution for condemned killer Warren Hill, expressing concern that a new state law that shields from public view the identities of those who make and supply Georgia’s lethal injection drugs is unconstitutional.
Superior Court Judge Gail Tusan said the law does not allow Hill to raise a meaningful challenge that his execution could cause needless suffering because he does not know the source of the drugs being used to kill him or the qualifications of the pharmacy that compounds them.
After Tusan announced her decision, she allowed lawyers from the state Attorney General’s office to immediately appeal her ruling to the Georgia Supreme Court. If the state high court overturns Tusan’s injunction, it remains possible that Hill could still be put to death by lethal injection at 7 p.m. Friday.
Hill also has an appeal before the U.S. Supreme Court, arguing that as a mentally retarded person (court/legal language), executing him violates prior Supreme Court rulings.