LAS VEGAS (KSNV) — The Nevada Supreme Court has reversed an 8th District Court ruling in the prolonged court fight over a convicted murder's desire to be executed.
The decision could clear the way for his execution.
A few months ago, the District Court heard arguments about Scott Dozier's decision to end all appeals and have his execution carried out. He made his wish known in late 2016.
District Court Judge Jennifer Togliatti signed Dozier’s death warrant, and the state planned to proceed using an experimental three-part drug cocktail.
One of the cocktail’s three drugs was the paralytic Cisatracurium, and Dozier’s legal team argued its use would amount to cruel punishment.
Judge Togliatti ruled that the state could proceed with the first two drugs but not the paralytic. That decision went to the state Supreme Court, putting Dozier's execution on hold.
However, in a unanimous ruling announced Thursday, the Nevada Supreme Court reversed the District Court's decision to ban the paralytic. The justices said the District Court did not have the authority to decide which drugs were to be used and which were not.
While the ruling does not determine whether Dozier will be executed, it does open the door for the state to use its drug cocktail.