
A three-judge panel of the 11th Circuit Court of Appeals ruled late on Wednesday, upholding a lower court’s decision to block the Thursday nitrogen hypoxia execution of Jeffery James Lee, 49, who was sentenced for the 1998 murder of Jimmy Ellis and Elaine Thompson in an attempted robbery.

The State of Alabama has appealed a Tuesday decision by the District Court for the Middle District of Alabama, which barred the State from conducting a planned Thursday execution by nitrogen hypoxia.