Miller argued that the electric chair is unconstitutional and lethal injection is worse. But U.S. District Judge William Campbell on Thursday ruled that Miller’s case was unlikely to be successful. Campbell dismissed most of the claims but did order the Correction Department to provide Miller’s attorney with a phone during the execution.
Miller is scheduled to die on Dec. 6 for the 1981 murder of 23-year-old Lee Standifer in Knoxville.
In Tennessee, inmates whose crimes occurred before 1999 can chose electrocution or lethal injection. Correction officials have given Miller until Tuesday to decide.
The state has executed only 8 people since 1960, but if Miller’s execution goes forward it will be Tennessee’s third execution this year.