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TALLAHASSEE (CBS4) – A neurologist from England has filed an emergency petition with the Florida Supreme Court to stop the scheduled execution Wednesday of Manuel Valle.

Dr. David Nicholl argues that a Danish-made drug used in the lethal injection procedure would violate the federal Controlled Substance Act. The federal law prohibits using sodium pentobarbital, one of three drugs injected during executions, for non-medical purposes. The Food and Drug Administration has declined to enforce the ban against states conducting executions.

Nicholl, though, argued Florida, as a sovereign state, should not sacrifice the rule of law.

Valle, 61, was convicted of killing a Coral Gables police officer 33 years ago. His lawyers have an appeal pending before the U.S. Supreme Court.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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