Federal Judge Denies Execution-by-Firing-Squad Request in Georgia Inmate Case

A federal judge in Georgia has denied Michael Wade Nance’s request to be executed by firing squad, despite his arguments that the state’s only method, lethal injection using pentobarbital, might subject him to unreasonable pain because of his health complications. Nance, who was convicted for a 1993 murder, contended that his problematic vein conditions and long-term use of pain medication could lead to significant suffering during an injection, thus violating his constitutional rights.

During the proceedings, testimony revealed that despite Nance’s concerns about his veins and the potential interaction with his pain medication, a doctor who examined similar medical procedures testified that no complications had arisen during other instances that required IV insertion. Based on the evidence, the judge determined that Nance had not demonstrated a risk of excruciating pain from a lethal injection, and therefore, he did not consider the alternative of a firing squad necessary to address the inmate’s grievances.

Nance’s legal team had argued that his physical condition could lead to the medication infiltrating surrounding tissue if his veins were to “blow,” causing severe and unrelenting pain. However, the judge referenced prior rulings and established legal standards from the U.S. Supreme Court, which require an inmate to clearly prove that an alternative execution method would substantially mitigate the risk of serious harm. This demand for concrete proof, combined with procedural and timeliness issues from earlier rulings, resulted in the dismissal of his proposed method.

The case, originally filed in January 2020 and having reached the U.S. Supreme Court once, is set for further appeals as Nance’s attorney indicated plans to contest the decision. Despite the complexities of the legal battles surrounding the method of execution, the current ruling confirms that lethal injection remains Georgia’s sole authority-approved means of execution.