Montgomery Alabama inmate filed emergency motion which seeks to postpone execution

Published 10:18 am Thursday, October 5, 2017

MONTGOMERY, Ala. (AP) — The Latest on a scheduled execution in Alabama (all times local):

8:45 a.m.

An Alabama inmate is asking a judge to halt his upcoming execution.

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Lawyers for 56-year-old Jeffery Lynn Borden on Thursday morning filed an emergency motion with the federal court in Montgomery, Alabama.

His attorneys said the state should not be allowed to execute Borden when the 11th U.S. Circuit Court of Appeals this month ordered more hearings in his ongoing challenge to the humaneness of the state’s lethal injection process.

Borden is set to receive a lethal injection Thursday evening at a south Alabama prison. Borden was convicted of killing his estranged wife, Cheryl Borden, and her father, Roland Harris, in Jefferson County in 1993.

The U.S. Supreme Court on Wednesday lifted an appellate court injunction that had been blocking Borden’s execution.

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5:49 a.m.

Alabama is scheduled to execute a man convicted of killing his estranged wife and father-in-law during a Christmas Eve gathering.

Jeffery Lynn Borden is set to receive a lethal injection Thursday at a south Alabama prison. Borden was convicted of killing his estranged wife, Cheryl Borden, and her father, Roland Harris, in Jefferson County in 1993.

Borden, who was separated from his wife, brought their children to the Christmas gathering after a visit. Prosecutors said he shot Cheryl Borden as she helped move the children’s belongings and Harris as he ran for help.

The U.S. Supreme Court on Wednesday lifted an appellate court injunction that had been blocking Borden’s execution.