Rhoades' attorneys petition 9th Circuit Court of Appeals for emergency stay

BOISE (AP) — The attorneys for condemned Idaho inmate Paul Ezra Rhoades have filed an emergency appeal to the 9th U.S. Circuit Court in hopes of staving off the execution set for Friday morning.
In a 33-page brief to the court, Oliver Loewy and the other attorneys with the Federal Defenders of Idaho reiterated Rhoades' contention that Idaho's new lethal injection protocol is likely to be botched, causing him to suffer excruciating pain in violation of the 8th Amendment. The state has countered that Idaho's protocol closely matches protocols used by other states and upheld by the U.S. Supreme Court.
Rhoades was given two death sentences for the 1987 kidnappings and murders of 34-year-old Susan Michelbacher and 21-year-old Stacy Dawn Baldwin, and life in prison for the murder of 20-year-old Nolan Haddon.