17 November 2017 :

Clark County District Court Judge Jennifer Togliatti has stayed the execution of Scott Dozier to permit the prosecution to appeal the court's decision to bar the state from using the paralytic drug cisatracurium in carrying out his execution. Dozier, who had waived his appeals, was scheduled to be executed on November 14. Dozier’s would have been Nevada's 1st execution in 11 years. The Nevada never-before-used lethal injection plan also includes the first use by a state of the opioid fentanyl. Prisons chief James Dzurenda called off the execution that had been set for Tuesday for Dozier after a solicitor for the state attorney general's office said the order would be appealed to the Nevada Supreme Court, prisons spokeswoman Brooke Keast said. Dozier has given up appeals and repeatedly told Judge Togliatti he wants his death sentence carried out. The judge said before issuing her order that she was "loath to stop" the process but was concerned the state plan to administer the 3 drugs could leave Dozier aware of pain and struggling with "air-hunger." The state had planned to administer the muscle paralytic cisatracurium after injecting Dozier with high doses of the sedative diazepam and with fentanyl to depress and stop his breathing. The judge pointed to testimony last week from Dr. David Waisel, a Harvard University anesthesia professor and pediatric anesthesiologist at Boston Children's Hospital. He said the paralytic should not be needed if the other 2 drugs are delivered properly in the lethal amounts in the state protocol. "It's for the Supreme Court to decide," Togliatti said Thursday. "They're going to have to be the court to make that determination that we as a state are OK with a paralytic." Togliatti said the execution could go forward with a 2-drug combination. But, "If the state of Nevada is not comfortable with the fentanyl and diazepam alone, then it supports the argument that (cisatracurium) is being used for a mask and he could suffer," she said. Dozier's execution can still happen once the state Supreme Court rules, Togliatti said. She set a Dec. 7 date to check the status of the case.