Attorneys for three death row inmates, including a man who is scheduled to be executed Tuesday, contend the Mississippi Department of Corrections failed to properly publicize as required by law its switch to a new lethal injection drug.
Benny Joe Stevens, Rodney Gray and Robert Simon Jr. said in documents filed Tuesday with the Mississippi Supreme Court that MDOC failed to follow the Administrative Procedures Act. Stevens is set to be executed May 10.
The 2003 law requires state agencies to notify the public of proposed rule and regulation changes. The law gives citizens the right to offer opinions on proposed changes to rules and regulations, ask for hearings and request official opinions from state agencies.