COLUMBUS, Ohio - A condemned Ohio child killer wants his upcoming execution delayed while he fights the state's newly announced — and never tried — lethal injection process.
Lawyers for Ronald Phillips say the state purposely waited until the Nov. 14 execution grew close to make it harder for Phillips to argue against the use of two drugs injected in combination.
Phillips' lawyers asked a federal judge Monday to delay the execution while they file legal challenges.
The Department of Rehabilitation and Correction announced its switch to the two-drug injection process earlier Monday.
The state has run out of its supply of federally-regulated pentobarbital and says it couldn't obtain batches produced by a specialty pharmacy.
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