Brown's lawyers immediately appealed to the Washington Supreme Court, which earlier this week refused to delay the killing on different grounds.
On Wednesday, Brown's attorneys asked Thurston County Superior Court Judge Chris Wickham to stay the execution, based on an argument that Washington's procedure for administering lethal injection constitutes cruel and unusual punishment.
Another Washington death row inmate, Darold Ray Stenson, was recently granted a May hearing in Thurston County Superior Court on the validity of the lethal injection procedure. Wickham's decision would permit Brown to be executed before that issue is settled, irate defense attorneys said.
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