Lawyers for David Earl Miller have argued that Tennessee’s midazolam-based, three-drug injection method causes excruciating pain.
Tennessee’s preferred method of execution is lethal injection, but prisoners whose crimes occurred before 1999 have the option to choose electrocution.
In a Monday court filing, attorneys for the state said Miller has picked electrocution, although his attorneys were simultaneously requesting an extension of the deadline for him to make that choice. Miller’s attorney didn’t immediately respond to a request for comment.
Edmund Zagorski died in the state’s electric chair on Nov. 1, only the second person to be electrocuted in Tennessee since 1960.
Miller is scheduled to die on Dec. 6.