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Apr 25, 4:04 PM EDT

Appeals court agrees to rehear Ohio lethal injection case


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COLUMBUS, Ohio (AP) -- A federal appeals court has agreed to re-examine Ohio's new and twice-rejected lethal injection process as the state struggles to resume executions.

The 6th U.S. Circuit Court of Appeals in Cincinnati on Tuesday said the full court will hear Ohio's defense of the process.

A three-judge panel of the court ruled 2-1 earlier this month to side with a judge who deemed the proposed use of a contested sedative called midazolam (mih-DAY'-zoh-lam) unconstitutional.

Tuesday's ruling likely means next month's scheduled execution of a condemned child killer will be delayed again.

Lawyers for death row inmates are challenging the effectiveness of midazolam.

The state says the U.S. Supreme Court has previously ruled the use of midazolam constitutional.

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