Death Row Inmates Seek Delay

Attorneys for three death row inmates, including Benny Joe Stevens, who is scheduled to be executed on May 10, contend the Mississippi Department of Corrections failed to properly publicize as required by law its switch to a new lethal injection.

The inmates say in documents filed Tuesday with the Mississippi Supreme Court that MDOC failed to follow the Administrative Procedures Act.

The 2003 law requires state agencies to notify the public of proposed rule and regulation changes. The law gives citizens the right to offer opinions on proposed changes to rules and regulations, ask for hearings and request official opinions from the state agencies.

The inmates contend they cannot be executed because MDOC never published the change in its regulations covering executions as required by law.