Georgia death row inmate's bid to die by firing squad quashed by judge

ATLANTA - A federal judge has ruled against a man on Georgia’s death row.

He argued that lethal injection could cause him excruciating pain and suggested a firing squad as an alternative.

Who is Michael Wade Nance?

The backstory:

Michael Wade Nance, a 63-year-old man on Georgia’s death row, was convicted and sentenced to death for the 1993 murder of Gabor Balogh. After robbing a Gwinnett County bank, Nance shot Balogh while attempting to escape. Since his conviction, Nance has been challenging the method of his execution, arguing that lethal injection could cause him excruciating pain due to his medical history.

What we know:

Nance's legal team contends that his veins are difficult to locate and compromised, posing a risk that the lethal injection could cause severe pain if the drug leaks into surrounding tissue. Additionally, they argue that his long-term use of back pain medication might render the sedative pentobarbital, used in lethal injections, less effective. Despite these claims, U.S. District Judge J.P. Boulee ruled that Nance failed to prove that lethal injection would cause him severe pain, thus not violating his constitutional rights.

What we don't know:

The potential impact of Nance's back pain medication on the effectiveness of the execution drug remains uncertain. A doctor testifying for Nance's lawyers admitted that "no one actually knows" the effect it might have. This uncertainty leaves open questions about the potential for severe pain during the execution.

Death row inmate's appeal

Timeline:

• January 2020: Nance's lawsuit challenging the execution method was filed.
• March 2020: Judge Boulee initially ruled that Nance's arguments were procedurally barred.
• U.S. Supreme Court: Overturned the 11th Circuit ruling, allowing Nance to propose alternative execution methods not authorized by Georgia law.
• May 2023: A bench trial was held where testimony was heard regarding the feasibility of execution by firing squad.
• October 2023: Judge Boulee ruled against Nance, stating he failed to prove lethal injection would cause severe pain.

SEE ALSO:

• Georgia death row inmate who wants to be executed by firing squad wins case at Supreme Court
• Courts denies Georgia death row inmate's request to face firing squad
• Georgia death row inmate suing to face firing squad

What they're saying:

Justice Elena Kagan, in the majority opinion for the U.S. Supreme Court, stated that Nance was not limited to proposing execution methods authorized by Georgia law. She noted that amending state law to allow firing squad executions would not be a "substantial impediment" to carrying out the death sentence.

What's next:

Nance's legal team, led by lawyer Anna Arceneaux, plans to appeal Judge Boulee's ruling. The case may continue to navigate through the legal system as Nance seeks to challenge the method of his execution further.