The Georgia Supreme Court heard arguments on the issue Monday.
Death row inmate Warren Lee Hill was to be executed July 18. The day before the scheduled execution, the Department of Corrections announced a change in its execution protocol from a three-drug combination to a single drug method.
Hill’s lawyers argued the new lethal injection procedure is invalid because corrections officials didn’t follow the Georgia Administrative Procedure Act, which requires a public notice period before new rules can be implemented. Corrections officials argued the injection protocol should not be considered a rule that is subject to that law.
The high court stayed Hill’s execution to consider the issue.