A three-judge panel for the 6th U.S. Circuit Court of Appeals has lifted a temporary restraining order postponing the execution of Philip Workman. Now, Workman once again is scheduled to die by lethal injection at 1 a.m. Wednesday.
A federal judge in Nashville issued the restraining order on Friday, stating that the evidence suggests "the lethal injection protocol creates a foreseeable and likely unnecessary risk that the plaintiff will incur constitutionally excessive pain and suffering when he is executed." The judge sought more time to review the state's new execution protocols and set a hearing for May 14, 2007.
Now, Workman's defense lawyers likely will ask the entire 6th Circuit Court to review the matter.