Ohio's ability to acquire a controversial drug used in lethal injections will affect an ongoing lawsuit over Arizona's execution practices.
The Arizona Capitol Times reports that U.S. District Judge Neil Wake has scheduled a hearing for Oct. 19 to discuss how Ohio's acquisition affects the ongoing lawsuit over whether inmates can press forward with allegations that Arizona abused its discretion in the methods and amounts of the drugs used in past executions.
The Arizona Department of Corrections has argued that it doesn't have any midazolam, making the lawsuit moot.
Ohio officials on Oct. 3 announced they would be able to use the drug for executions in January thanks to a secret drug supplier.
Wake says Ohio's drugs may defeat Arizona's mootness argument.
