COLUMBUS, Ohio (AP) — A federal appeals court is pushing a condemned killer to say why his lawsuit opposing lethal injection in Ohio shouldn't be dismissed.
The 6th U.S. Circuit Court of Appeals in Cincinnati has given attorneys for Kenneth Biros until Friday afternoon to present arguments.
A federal judge has temporarily delayed Biros' Dec. 8 execution but left open the possibility the execution could still happen if the state revised its injection rules.
Biros has argued that Ohio's three-drug injection process could cause severe pain in violation of the Constitution.
The state last week replaced that system with a single dose of anesthetic, and says the new approach renders Biros' lawsuit moot.
Biros killed 22-year-old Tami Engstrom near Warren in 1991 after he offered to drive her home from a bar.
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