Judge denies request from GA death row inmate to be executed by firing squad

Written by: A. Smith

Published February 18, 2025 @ 9:35 AM ET

GWINNETT COUNTY, Ga. – A federal judge has ruled against Michael Wade Nance, a Georgia death row inmate, who argued that lethal injection could cause him severe pain and proposed a firing squad as an alternative.

Nance, 63, was convicted and sentenced to death for the 1993 murder of Gabor Balogh. After robbing a Gwinnett County bank, Nance shot Balogh while attempting to escape. Since his conviction, he has challenged the method of his execution, citing medical conditions that he claims could make lethal injection inhumane.

U.S. District Judge J.P. Boulee ruled Thursday that Nance failed to prove that lethal injection would cause excruciating pain, thus not violating his constitutional rights. As a result, Boulee did not weigh in on whether a firing squad would be a feasible alternative.

Nance’s legal team argued that his compromised veins could make it difficult to properly administer the sedative pentobarbital, the only execution method authorized in Georgia. They contended that his veins might “blow” during the procedure, causing the drug to leak into surrounding tissue and result in severe pain. Additionally, they claimed that Nance’s long-term use of back pain medication could render the sedative ineffective or less effective.

Boulee cited testimony from a state doctor who noted that Nance had undergone three separate medical procedures requiring IV placement since filing his lawsuit, with no reported issues. On the issue of how his medication might impact the lethal injection, a doctor testifying for Nance’s legal team acknowledged that “no one actually knows” what the effect would be.

Nance initially filed his lawsuit in January 2020, but Boulee ruled in March of that year that his arguments were procedurally barred and failed to show a constitutional violation. The 11th U.S. Circuit Court of Appeals later determined that since lethal injection is the only method authorized by Georgia law, Nance was effectively challenging his death sentence and was procedurally barred from doing so.

However, in a decision written by Justice Elena Kagan, the U.S. Supreme Court overturned the 11th Circuit’s ruling. The justices concluded that Nance was not restricted to proposing execution methods already authorized by Georgia law and stated that amending state law to allow a firing squad would not be a “substantial impediment” to carrying out his sentence.

The case returned to Boulee’s court, where he held a bench trial in May 2023. Testimony indicated that execution by firing squad would result in a quick death, but Boulee ultimately ruled against Nance, determining that he failed to meet the legal standard required to prove lethal injection would cause unconstitutional suffering.

Nance’s attorney, Anna Arceneaux, declined to comment on the ruling but confirmed that they plan to appeal.

The case is expected to continue through the legal system as Nance seeks to challenge the method of his execution further.