The 8th U.S. Circuit Court of Appeals ruled early Wednesday that Missouri could proceed with Franklin’s execution, just hours after a lower court blocked it.
Attorney Jennifer Herndon wrote that the use of pentobarbital from a compounding pharmacy puts Joseph Paul Franklin at risk of an “excruciatingly painful execution.”
Gov. Jay Nixon halted Allen Nicklasson’s Oct. 23 execution following doctor protests along with threats from the anti-death penalty European Union to limit the drug’s export.