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A condemned cop killer who received a stay of execution from the U.S. Supreme Court because of his challenge of lethal injections appealed to the Court for a second stay of execution on Monday. A three-judge panel of the 11th U.S. Circuit Court of Appeals turned down Clarence Hill’s appeal Friday night, leaving him with only limited court options to escape Wednesday’s scheduled execution for the 1982 murder of a police officer in a savings and loan robbery. Defense attorney D. Todd Doss said he had filed a petition and an application for a stay with the Supreme Court, which in January stopped his execution minutes before he was to die. Hill claims the chemicals used in lethal injections are too painful and constitute cruel and unusual punishment. Doss contends the state, by setting an execution date, is “manipulating the process” and denying Hill the right to challenge the chemicals used. He declined to comment on his next move if the appeal to the High Court is unsuccessful. “This was done to preclude judicial resolution and violated Mr. Hill’s right to due process,” Doss’ motion to the U.S. Supreme Court states. Doss also said that inmates facing death in different parts of the country are treated differently. “Condemned inmates in similar positions to Mr. Hill have been allowed to pursue litigation in order to have the merits of their claim reviewed. In other circuits, however, inmates with the exact same constitutional challenge have been executed without consideration of their claims,” Doss said. Carolyn Snurkowski, a death appeals attorney for the state Attorney General’s Office, said she would file court papers attempting to block Hill’s appeals. Hill, 48, was strapped to a gurney and had intravenous tubes attached to his arms in January when the Supreme Court stopped the execution. In an 9-0 ruling in June, the high court ruled that Hill could lodge a civil rights challenge to the chemicals Florida uses in its lethal injection. Hill has argued that the three chemicals — sodium pentothal, pancuronium bromide and potassium chloride — can cause excruciating pain. The first drug is a painkiller. The second one paralyzes the inmate and the third causes a fatal heart attack. However, neither the federal court in Tallahassee nor the Atlanta appeals court have agreed to consider Hill’s challenges to the chemicals. Both courts have said Hill should have made those arguments years ago. Doss said he could not challenge the chemicals until Florida Gov. Jeb Bush signed a death warrant. Hill was convicted of first-degree murder for killing Pensacola police Officer Stephen Taylor and was sentenced to death in May 1983. The Florida Supreme Court ordered a new sentencing hearing in October 1985. In April 1986, Hill was again sentenced to death. Copyright 2006 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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