Supreme Court says Alabama execution can proceed

Updated: Oct. 4, 2017 at 3:48 PM CDT
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MONTGOMERY, Ala. (AP) - The U.S. Supreme Court has ruled Alabama can proceed with the execution of a man convicted of killing his estranged wife and father-in-law in 1993.

A divided court on Wednesday overturned a stay issued by the 11th U.S. Circuit Court of Appeals. Jeffery Lynn Borden is scheduled to receive a lethal injection Thursday at a south Alabama prison.

The 11th Circuit last week stayed the execution after ruling a judge prematurely dismissed his and other inmates' challenge to the humaneness of Alabama's lethal injection procedure.

Alabama argued the Supreme Court has let four other executions proceed using the same drug combination.

Borden was convicted of killing his estranged wife, Cheryl Borden, and her father, Roland Harris, during a Christmas Eve gathering.

Three justices said they would have granted the stay.

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