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Jerry Soucie, attorney for Michael Ryan filed a 116-page motion for post conviction relief in Richardson County District Court Monday afternoon.
The 63 year old Ryan is scheduled to be put to death March 6th on his conviction for the 1st degree murder of James Thimm on a farm north of Rulo in March of 1985. Ryan was sentenced to death by Richardson County District Court Judge Robert Finn on October 16th, 1986.
Ryan is currently being held on death row at the Tecumseh State Correctional Institution north of Tecumseh.
In the motion Ryan alleges the state of Nebraska misappropriated the drug Thiopental that would be used in his execution. Ryan is asking the Richardson County District Court to vacate his sentence of death and impose a term of life in prison without parole on his 1st degree murder conviction.
The document filed Monday, says, Ryan never had the chance to present grounds for relief related to the planned method of execution because lethal injection did not exist as a means of execution during any or Ryan’s prior legal proceedings
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