Montgomery, AL – Alabama Attorney General Steve Marshall has announced that the State of Alabama has reached a settlement with Alan Miller, allowing Miller’s execution to proceed as scheduled in September. Miller, convicted of three murders in 1999, had challenged the state’s method of execution, which utilized nitrogen hypoxia. The legal dispute was settled without a major hearing, following months of discovery and witness depositions. The settlement terms remain confidential, but Miller agreed to dismiss his lawsuit with prejudice, effectively ending the case.
Attorney General Marshall emphasized the significance of the case, stating, “The resolution of this case confirms that Alabama’s nitrogen hypoxia system is reliable and humane.” Miller’s lawsuit, initially filed to challenge the state’s execution protocol, was based on concerns stemming from the January 2024 execution of Kenneth Smith. This execution marked the first time Alabama had used nitrogen gas as an execution method, prompting Miller’s challenge. However, after reviewing evidence, Miller’s legal team opted to settle, dismissing claims of cruel and unusual punishment.
In 2022, Miller had requested nitrogen hypoxia as his method of execution but later sought to have the protocol changed again. His lawsuit included allegations of improper procedure during Smith’s execution, supported by news reports and anecdotal claims. The state, in response, argued that the reports misinterpreted events and maintained that the execution was carried out correctly.
Miller has been on death row for over 20 years for the murders of Lee Holdbrooks, Scott Yancey, and Terry Lee Jarvis, which occurred in 1999. The court found that Miller had acted with premeditation, killing each of the victims in what was described as “execution style” shootings. The murders were described by the sentencing judge as calculated and among the worst the court had encountered, qualifying Miller for the death penalty under Alabama law.
With the dismissal of the lawsuit, the state now prepares for Miller’s execution, marking another chapter in Alabama’s ongoing use of nitrogen hypoxia as a method of capital punishment.
