Louisiana attorney general files motion to resume Jessie Hoffman execution

BATON ROUGE, La. (Louisiana First) — Louisiana Attorney General Liz Murrill filed an emergency brief with the Fifth Circuit Court of Appeals after a judge halted a death row inmate’s execution.

On Tuesday, Jessie Hoffman, who was expected to be executed by nitrogen hypoxia on March 18, temporarily evaded the penalty after a judge ruled in his favor, stating nitrogen hypoxia violated his constitutional rights.

Murrill immediately responded by saying, “We disagree with the district court’s decision and will immediately appeal to the Fifth Circuit.”

On Wednesday, the appeal was filed.

“Today, my team filed an emergency appeal with the Fifth Circuit Court of Appeals. There’s nothing legally that prevents or stops us from moving forward with executing Jessie Hoffman if the preliminary injunction is vacated. I believe this execution is going to go forward as planned. We look forward to getting a decision soon from the Fifth Circuit,” said Murrill in a statement.

She says the ruling represents the sort of “last-minute intervention by a Federal Court” that the Supreme Court has repeatedly criticized.

Murrill argues that this is an example because it rejects precedents from the Alabama district court, Eleventh Circuit and Supreme Court based on the same method of execution.

“If the district court were right, then the Supreme Court, the Eleventh Circuit, and the Alabama district courts have green-lighted four illegal executions,” Murrill wrote.

The district court believed execution by firing squad is a feasible alternative, but Murrill says it is “not how the Eight Amendment or death-penalty litigation works.”

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