More: {10.02.14}Florida's high court ordered an evidentiary review of the state's use of midazolam, a sedative, in capital punishment by injection. Convict Paul Howell's appeal for a stay was lifted and he was scheduled for execution on February 26th before the state supreme court ordered the evidentiary hearing on the question: does the use of midazolam in the the three drug mixture violates the defendant's protection against "cruel and unusual" punishment under the Eighth Amendment. Only Florida uses the drug in a three drug protocol. Ohio and Louisiana currently use it their two drug procedure. The court wants information from the drug manufacturer concerning its use in executions. A suit was filed in Ohio by the children of Douglas McGuire last week when the two drug combination reportedly caused him to suffer visibly during his execution. A shortage of sodium thiopental has caused several states to modify their execution procedures. American manufacturers stopped making the drug in the US in 2009. Hospira, the last manufacturer supplying the drug for lethal injections stopped importation in January of 2011 In 2011 DEA seized Georgia's supply of the drug to investigate whether it was properly imported. Kentucky and Tennessee turned in their supplies after the seizure.
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However, death penalty opponents are concerned lethal injections can cause extreme pain, and untested combinations may increase the risk of cruel and unusual punishment. In December 2006 it took 34 minutes and a second round of injections for Angel Diaz to die in Florida. An autopsy showed the first injections were botched: his arms showed chemical burns and needles were pushed through veins into soft tissue. He probably died from progressive suffocation and experienced potassium-induced sensation of burning according to a research paper. Several inmates have survived botched executions to tell of their painfully barbaric experiences. Execution states employed a three drug formula for decades until a US company that supplied one of the key ingredients, the barbiturate sodium thiopental, stopped making it. EU manufacturers have sought to block the use of their products for executions in the US. Research has shown that the death penalty is significantly more expensive than life-long incarceration. California has spent about $4 billion to maintain capital punishment since 1978, but has executed only 13 prisoners. The Arkansas Attorney General, whose state has not executed a prisoner since 2005, describes the capital punishment system in the US as "completely broken".