A Federal District Judge is expected to make a ruling at 10 Tuesday morning on whether to pause the execution of Oklahoma Death Row Inmate Bigler Stouffer.
Stouffer is next in line to be executed on December 9th. He was convicted in the 1985 murder of Putnam City school teacher Linda Reaves.
He and his attorneys argue he should be added to a lawsuit that includes more than 20 death row inmates challenging the state's execution protocol as cruel and unusual.
After a state objection in 2014, Stouffer was not allowed to join the lawsuit which is set to go to trial in February.
In a nearly seven-hour hearing Monday, the state called anesthesiologist and current candidate for governor, Ervin Yen, as an expert witness.
He was also an expert witness in the execution of John Grant last month.
Yen told the court that Grant's execution was quote "fast and smooth" despite witness accounts that Grant convulsed and vomited.
Last week the Oklahoma Pardon and Parole board voted to grant Stouffer clemency, not because they believe he is innocent, but because of concern over the current execution protocol.
“I am dumbfounded that we are even dealing with any of these cases, because they would be exposed to the same drug cocktail,” said Larry Morris, a member of the Pardon and Parole Board
News 9 will update on any decision made Tuesday morning.