http://www.google.com/hostednews/ap/article/ALeqM5go48ECcH2Ue6sSH2lOZY4KR-cm3g?docId=52f78259ad8847d8ba61b0b73387ad39
In a similar case, California was not successful in their attempt of such. "The state high court said the governor and prison officials must have misread the law in scheduling the execution." @ http://www.fresnobee.com/2010/09/30/2098512/state-drops-effort-to-execute.html
Lastly, this type of execution may become more commonly used @ http://www.fresnobee.com/2010/12/17/2201381/drug-used-in-okla-execution-could.html#storylink=mirelated
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