Death row inmate David Earl Miller chooses electrocution in handwritten note to warden

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Death row inmate David Earl Miller appears to have waived execution by lethal injection and chooses, instead, to die in the electric chair.  

He sent a handwritten note to Warden Tony Mays at Riverbend Maximum Security Prison dated on Friday. It was made public Monday.  

Miller’s execution is set for next week on December 6.

Earlier this month, Miller filed a lawsuit in federal court in Nashville arguing that electrocution is unconstitutional and lethal injection is even worse. Miller suggested in his suit that the firing squad would be a more humane method of execution than either of the methods currently practiced in Tennessee.

More: Tennessee says court should reject death row inmate’s plea

Attorneys for the state said Miller’s claims have already been decided by the court. They said Miller’s execution has been delayed twice to allow challenges to Tennessee’s lethal injection methods.

It is not clear how Miller’s note will affect his lawsuit or other legal appeals and maneuvers that often take place before an execution.

The last execution in Tennessee took place November 1, when Edmund Zagorski was put to death in the electric chair. His execution was delayed after his last-minute request for electrocution instead of lethal injections.

Related: State carries out execution of Edmund Zagorski

Miller was convicted of the 1981 murder of a Knoxville woman. 

The note from Miller was written at the top of a formal letter from Warden Mays, informing him that he would be executed by lethal injection unless he chose electrocution.  

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