Arizona Gas Chamber Unconstitutional
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The court holds that execution by lethal gas as practiced in Arizona is unconstitutional, applying the prior decision in Fierro v. Gomez, which it notes was vacated but has never been held wrong. The Supreme Court later held that the petitioner's claim was procedurally barred and rejected the appeals court's findings of cause and prejudice, and also held that by electing execution by lethal gas rather than injection, the petitioner had waived his objection to the constitutionality of lethal gas. 526 U.S. 115 (1999). See: LaGrand v. Stewart, 173 F.3d 1144 (9th Cir. 1999).