08/03/2026
On July 30, 2026, Alabama Governor Kay Ivey set a new execution date for Jeffery Lee after the state’s unsuccessful attempt to execute him using nitrogen gas in June. Gov. Ivey set Mr. Lee’s execution by lethal injection for September 17, 2026, just over three months after an Alabama federal judge permanently blocked the state from using its nitrogen gas protocol.
This new execution date came after U.S. District Judge Emily Marks, the same judge who enjoined the state from using nitrogen gas, found that Alabama officials could use lethal injection to carry out his execution. In her decision, Judge Marks noted that her injunction on using Alabama’s nitrogen gas protocol was “narrowly tailored” and that the injunction would not “further delay” Mr. Lee’s execution. Judge Marks noted, “[c]onsidering the totality of the circumstances, including the circumstances of dismissal of Lee’s lethal injection challenge, equity does not demand that the court prohibit the state from executing Lee by lethal injection, the state’s default execution method and one it is presently able to use.”
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On July 30, 2026, Alabama Governor Kay Ivey set a new execution date for Jeffery Lee after the state’s unsuccessful attempt to execute him using...