The case is the latest in what a national death-penalty expert told the media was a setup for a showdown, which included a New Jersey-based drug company Alvogen's effort to block the use of its sedative midazolam in the stalled execution of Scott Raymond Dozier in Nevada.
State officials say they legally procured the drugs.
The German group argued that it had protocols in place to prevent its drugs from being obtained by state agencies for executions, and that if Nebraska had purchased the drugmaker's injectable medicines, it had done so improperly. The state also says one of its execution drugs is about to expire, and no one is willing to sell the state a replacement.
State attorneys denied the allegation and said one of their protocol drugs expires on August 31, which will leave the state with no way to carry out future executions.
An order to temporarily bar the state from using the drugs "would more than likely have the effect of changing Nebraska's final death sentence into a de facto sentence of life in prison for Carey Dean Moore", Frakes said in the affidavit.
Fresenius Kabi said that the state may have illegally obtained the drugs because the company opposes the use of its products in executions. That way, he'd be forgotten instead of continuing to surface in legal fights over capital punishment, she said. Fresenius Kabi said it's the only company that packages the drug in vials of that size. We'll continue to update it as more information becomes available. State prison officials also say one of the necessary execution drugs expires August 31 and they can't buy any more. He was also convicted in Arizona in 2005 of another murder and dismemberment near Phoenix. The judge says that he plans to rule from the bench after the one-hour hearing.
"The families of these victims deserve justice", Arkansas' state Attorney General Leslie Rutledge said in a statement last week.
The state of Nebraska claimed transactions were above board and "the substances at issue here were obtained from a licensed pharmacy in the United States and were not obtained by any fraud, deceit or misrepresentation" according to briefs filed in response to the Fresenius suit.
The pope pledged to work to abolish the death penalty worldwide. The church's updated teaching describes capital punishment as an assault on the "dignity of the person".